In a recent podcast, tovima.com spoke with Marianna Vassiliou, a Supreme Court lawyer in Greece specializing in assisted reproduction law. They discussed the history of surrogacy and assisted reproduction legislation in Greece, the legal barriers faced by same-sex couples, and the country’s role in the international surrogacy tourism market.
Surrogacy has been legal in Greece for 20 years, but recently it has dominated headlines due to debates over surrogate pregnancies, protections for surrogates, and access to the practice. In April, a legal provision once again confirmed that gay couples and single men are barred from accessing surrogacy services.
Understanding Surrogacy in Greece: Legal Framework and Protections
Surrogacy has been legally regulated in Greece since 2002 under Law 3089/2002. According to Marianna Vassiliou, the Greek legal framework surrounding surrogacy is one of the most comprehensive, liberal, and precise in Europe.
To explain the process simply: if a woman cannot carry a pregnancy herself – whether due to medical reasons or personal choice – she can legally find another woman (the surrogate) to carry the child. This applies whether the woman is single, married, or in any type of relationship; the law does not discriminate based on marital or relationship status.
Before beginning medical procedures, the intended parent(s) must obtain court permission to create an embryo using their own eggs or donor eggs – but never the surrogate’s eggs – and to transfer the embryo into the surrogate’s womb. Once the child is born, the birth certificate will list the surrogate as the woman who gave birth, but a court decision allows the intended parents to register the child as their own legal child. Importantly, the child will not be informed that they were born via surrogacy unless the parents choose to disclose that information.
This legal mechanism ensures that the intended parents are obliged to accept the child, even if they change their minds during the process, while the surrogate has no legal claim to the child at any point. There is no legal bond between the surrogate and the child, making it a secure system for all parties involved.
Comparing Greece’s Surrogacy Laws with Other European Countries
Surrogacy is not legal throughout Europe. In many countries, including France, surrogacy is prohibited and considered a criminal offense. Couples who have children through surrogacy abroad often face legal challenges when trying to register those children in their home countries.
During her research as a graduate student at the University of Thessaloniki, Vassiliou studied assisted reproduction laws across Europe. She found that only two countries allowed surrogacy legally: Greece and the United Kingdom. However, the two countries’ approaches differ significantly.
In the UK, the surrogate is the legal mother of the child at birth, even if she uses her own eggs or donor eggs. The intended parents must then apply for a parental order – a form of adoption – to become the legal parents. This process can take between six weeks and six months after birth, and the surrogate has the right to keep the child if she changes her mind. This legal uncertainty can cause distress and instability for all parties involved, especially the child.
In contrast, Greece’s system is designed to avoid such complications by legally designating the intended parents as the child’s parents from the outset, with no legal ties to the surrogate. Vassiliou considers the Greek regulation superior in terms of protecting the interests of the child and the intended parents.
Who Has Access to Surrogacy in Greece?
One of the most contentious issues in Greece’s surrogacy debate is access. Greek law explicitly restricts surrogacy to women, whether single, married, or in a relationship with a man. This means that single men and male same-sex couples are excluded from accessing surrogacy services legally in Greece.
Lesbian couples also face barriers. While one woman in a lesbian relationship can carry a child conceived with donor sperm and be recognized as the legal mother, the other woman has no legal parental rights. Gay male couples often rely on friends willing to be surrogates, but legally, the surrogate is the child’s mother, and the non-gestational partner has no parental rights. These legal gaps create significant challenges for non-heterosexual couples wishing to start families via surrogacy within Greece.
The legalization of same-sex marriage in Greece in 2024 was a milestone, but it did not extend co-parental rights for children born via surrogacy to same-sex couples. Previously, civil unions offered no parental rights to same-sex partners, further complicating family recognition. The parliament’s decision to exclude surrogacy access for same-sex couples was reportedly influenced by societal readiness concerns and political opposition.
International Cases Highlighting Legal Challenges
The difficulties faced by same-sex couples are not unique to Greece. For example, in France, surrogacy is illegal, and couples who have children through surrogacy abroad have faced legal battles to have their children recognized. Notably, the European Court of Human Rights ruled against France in cases like Mennesson and Labassé, stating that France violated the couples’ rights under Article 8 of the European Convention on Human Rights regarding privacy and family life.
These cases underscore the legal limbo families face when surrogacy is unregulated or banned in their home countries. Greece may face similar challenges in the future if it does not broaden access to surrogacy for all couples, regardless of sexual orientation.
The Controversy Over Exploitation and Trafficking
One of the main arguments raised by opponents to extending surrogacy access to gay male couples is the concern over exploitation and trafficking of surrogate women. However, legal experts like Vassiliou find this argument inconsistent with the realities of surrogacy in Greece.
The original 2002 law required both the surrogate and the intended mother to be permanent residents of Greece, aiming to prevent exploitation through strict residency requirements. But amendments in 2014 and 2019 relaxed these rules, allowing non-residents to undergo surrogacy procedures in Greece. This change was largely driven by economic interests to promote Greece as a hub for reproductive tourism, attracting couples from countries where certain assisted reproduction techniques are banned or prohibitively expensive.
Vassiliou points out that these legal changes have likely made trafficking easier rather than preventing it. The medical community lobbied heavily for this deregulation, capitalizing on Greece’s excellent medical services and affordable costs to attract international clients.
Cases of exploitation have indeed occurred, including a notable 2023 scandal in Crete involving young women coerced into surrogacy. However, these surrogates were exploited primarily by heterosexual couples, not by gay or single men, who are legally barred from surrogacy in Greece. This disconnect between the focus on gay couples and actual cases of exploitation highlights a misalignment in public discourse.
Economic Realities Behind Surrogacy in Greece
Surrogacy in Greece often involves substantial financial compensation, which is generally acknowledged- even if unofficially. Surrogate mothers typically receive around €30,000 per birth, a sum that reflects the significant commitment and physical demands of pregnancy. Officially, the law caps compensation at €10,000 for a single child and €15,000 for twins, plus medical expenses and lost wages if applicable.
Vassiliou emphasizes that expecting surrogates to carry children purely out of altruism is unrealistic. Financial compensation is a necessary part of the arrangement, but it should be transparent and regulated to prevent exploitation.
Current Legal Restrictions and Their Implications
In April 2024, a new legislative provision reiterated that gay couples and single men are prohibited from accessing surrogacy in Greece. This provision codified existing legal interpretations and court decisions, which have historically denied surrogacy rights to men without female partners.
While there have been rare court cases in 2007 and 2008 where single men were granted the right to surrogacy due to medical infertility, these decisions were later overturned on appeal. Since then, no court has granted surrogacy rights to single men or gay couples.
The ministry of justice’s recent move to reaffirm these restrictions appears to be more symbolic than practical, given that such access has already been legally barred for years. This raises questions about the government’s intentions and the potential for future legal reforms.
Addressing Exploitation: Legal and Social Considerations
Trafficking and exploitation are serious concerns in Greece, but experts argue that harsher criminal penalties alone are insufficient to prevent abuses. Greece already enforces severe penalties for trafficking, yet incidents persist, suggesting that enforcement and regulation need improvement rather than simply stricter laws.
Vassiliou advocates for open and honest regulation that brings all surrogacy arrangements into the light, preventing illegal under-the-table deals. Transparency, fair compensation, and social support for surrogate mothers can help reduce exploitation.
She also highlights the emotional and psychological toll on all parties involved. Intended parents often endure significant suffering and heartbreak in their journey to parenthood, making surrogacy a deeply personal and complex issue beyond legal technicalities.
Looking Ahead: The Future of Surrogacy in Greece
The surrogacy debate in Greece touches on broader societal issues such as family rights, LGBTQ+ equality, and the ethics of reproductive technology. While Greece currently offers one of the most liberal surrogacy frameworks in Europe for heterosexual women, significant gaps remain for other groups.
Legal experts and activists suggest that future reforms should expand access to surrogacy for same-sex couples and single men in accordance with human rights obligations. They also advocate for stronger protections for surrogate mothers, including fair compensation and safeguards against exploitation. They also emphasize the need to promote transparency in surrogacy arrangements to prevent illegal practices and to recognize the diverse family structures emerging through assisted reproduction.
As Greece continues to navigate these complex issues, the experiences of other countries and international human rights rulings may serve as important guides. Ensuring that surrogacy laws respect the dignity and rights of all involved – surrogates, intended parents, and children – will be crucial for Greece’s future legal landscape.
