Greece is one of the very few jurisdictions which enforces surrogacy contracts and has adopted a progressive and tolerant legal framework on the regulation of surrogate motherhood. A recent legal reform has been effected through the introduction of Law 4272/2014 pursuant to which the prerequisite of permanent stay in Greece, as a criterion for the application of the law, has now been abolished. Prior to choosing Greece as your surrogacy destination, it is vital to fully comprehend the basic characteristics of the legal provisions governing this area and their respective implications for all parties involved in a surrogacy arrangement.
JUST FIND YOUR ANSWERS BELOW:
— the provisions of (informed) written consent by all those involved in the arrangement
— the pre – conception authorisation of the surrogacy agreement by the court
— the altruistic nature of the surrogacy agreement and evident (by the specific clauses of the contracts) lack of financial gain. The contract does not need to follow any formality, although in common practice it is often requested to be notarised. Also, in case the male partner of the intended mother is not married to his female partner, he has to appear before a notary and provide his consent in writing as a proof of voluntary recognition of his parental obligations towards the child.
— the payment for any expenses necessary for the artificial insemination procedure, the pregnancy, the delivery and the childbed (namely any costs directly linked to the impregnation of the surrogate, the pregnancy and the childbirth costs, i.e. the medical care of the surrogate, her clothing, her transportation to and from the medical clinic, the costs of the childbirth and after – birth treatment, the legal costs of the application for the approval of the surrogacy agreement, the medical and psychological assessment of the surrogate)
— the restitution for any damages incurred and lost wages by the surrogate, because she left her work or she took an unpaid leave of absence during the periods (and because) of insemination, pregnancy, delivery and childbed. The amount of the expenses, as described above, is regulated by the National Independent Authority for Medically Assisted Reproduction and is currently set at 10.000,00 Euros. Hence, any other payments in relation to surrogacy are prohibited, including payments towards the donor, the clinic, any surrogacy agencies that brought the IPs into contact with the surrogate or any third parties involved.
— that all the parties concerned have consented freely to the procedure, after having been informed of the risks involved, as well as of their respective rights and duties (especially the surrogate’s decision to terminate the pregnancy)
— that the recourse to surrogacy is a response to medical necessity (since the choice of surrogacy for social reasons is not acceptable by law)
— that the parties have entered into the agreement in “good faith” and only for altruistic reasons
— that all the parties (IPs and surrogate) have been assessed as suitable to execute the terms of the surrogacy agreement
— that the intended mother does not exceed the age of fifty (50) (no requirement is in existence with regard to the age of surrogate mother)
In general, the judge limits himself/herself to a fairly procedural, administrative review of the various documents in the file submitted to him. Documents that are usually submitted to the court include:
• a recent medical examination of IPs and the surrogate mother to exclude infectious diseases (HIV I/II; Hep B/C; VDRL) as well as a psychological evaluation to ensure the surrogate is mentally fit,
• the surrogacy agreement,
• a medical report for the intended mother, stating the medical reason why she cannot conceive. Similarly, the surrogate is required to provide a medical opinion on her suitability as a gestational carrier,
• proof that either the IPs or the surrogate are permanent or temporarily residing in Greece (i.e. short term lease contracts, gym subscription, proof of expenses occurred in Greece etc.)
The hearing of the case is set approximately within one (1) month of the filing of the application before the court of residency of either the IPs or the surrogate. Both the surrogate mother and IPs have to appear before the court on the hearing with their lawyer, whilst the ruling is usually issued within two (2) weeks of the court hearing date.
person are used, the identity of the donor will remain undisclosed, thus guaranteeing the anonymity of the donor
and only access to donor’s medical files is allowed.