Greece is the only EU country with a comprehensive framework to regulate, facilitate and enforce surrogacy. Greece has had legal altruistic surrogacy since 2002, regulated by Article 1458 of the Greek Civil Code and Law 3305/2005 – Enforcement of Medically Assisted Reproduction.

In Greece, the legislation is clear and unambiguous, making the surrogacy process easy to carry out. It allows couples from any country to conceive a child through surrogacy agencies, as in Greece surrogacy is fully legal.

According to Greek Law, surrogacy cannot be undertaken by same-sex couples and single men, only opposite-sex couples and single women can opt for surrogacy in Greece. In the case of heterosexual couples, they can be either married or unmarried. If a heterosexual couple is not married, they can come to Greece sign papers with a notary service, stating that they are a couple and that they request surrogacy. There is no requirement for the embryos created to have any biological link with either intended parent.

• Using donor eggs/sperm is allowed as well. But it must be done only with altruistic purposes and both egg/sperm donors are required to be anonymous under Greek law. Photos of egg donors are not available, but intended parents can specify some particular traits, including race, eye colour, and hair colour etc, access to donor’s medical files is allowed. Paying egg donors for their services is prohibited, but they can receive a symbolic compensation to recompense the costs incurred during the process. You can use your donor if they are anonymous.
• Eggs/sperm/embryos can be shipped directly from your registered clinic to those Greek clinics with import licenses.
•  Intended Mother Age cannot be above 50 years, and she must submit evidence of their inability to have a child, through a letter from a doctor in their home country.
• Traditional and Commercial Surrogacy is explicitly prohibited by the Law.  Surrogacy for social reasons is not acceptable by the Law. Advertising for surrogates is prohibited.

• Surrogacy contracts are valid and mandatory under Greek law. The surrogacy contract is signed between the intended parents or the intended mother, in case she is single and the surrogate and her husband, in case she is married. The agreement must be in writing and must be made prior to the embryo transfer occurring of the surrogate mother. The proposed surrogate mother must obtain court approval of the surrogacy arrangement prior to impregnation. On average, it takes for the Greek court about six to eight weeks to issue an authorization, which will be notified to the intended parents as soon as it is available.
• Under Greek law, when the child is born it will take on the citizenship of the intended parent according to their laws. The child is not entitled to Greek citizenship.
• In the birth certificate only the name of the intended parents are mentioned and what is unique about Greece is that it is the only country in Europe, where the surrogate has no rights over the child. The hospital follows a typical procedure for issuing the birth certificate and the intended parents should submit the certificate, along with court decision, to the Civil Registry and declare the birth of the child within ten days.

The average cost of surrogacy can be broken down into various fees, including the agency, attorney, and fertility clinic fees. The compensation to the surrogate is an important part of the gestational surrogacy cost which should be taken into account.

Typically, Greek clinics allow intended parents to pay in installments: one after signing the contract, the second after approval by the court, the third when fetal heartbeat is confirmed, the fourth at 23 weeks approximately, fifth at 32 weeks, and finally at birth.

Surrogate mothers must pass medical and psychological tests, rigorous screening of surrogates is carried out to ensure they deliver a healthy baby and meet appropriate medical criteria.  Surrogate should be aged between 25-45 and she should have already given birth to at least one child of her own.

All the parties who have entered into surrogacy agreement – intended parents, surrogate, and donors ( if involved ) must be assessed as suitable to execute the terms of surrogacy agreement and are fully informed of the risks involved, along with their respective rights and duties. 

The Process:

• The embryo transfer cannot take place before the Court has delivered its official judgement.
• Written consent by all those involved in the arrangement is mandatory.
• The altruistic nature of the surrogacy agreement should be mentioned.
• Intended parents will have to travel to Greece to execute the surrogacy contract, undergo testing, and submit the court application for approval.
•  As soon as the agreement has been approved by the Court, it is rendered valid and legally binding.
• A handful of Greek surrogacy lawyers will handle this entire process for you, who will be responsible for preparing the agreement and the documents that must be submitted to the court for surrogacy arrangements.
• A copy of the surrogacy agreement, consent of surrogate husband (if married) is submitted to the court.
• A child conceived through surrogacy method in Greece is considered as the child of the intended parents and not the surrogate. Intended parents become the legal parents of the child from the time of conception under Greek law.
• The surrogate is not allowed to change her mind once the embryo transfer has occurred.