Surrogate Motherhood: Securing the Family Dream Under Greek Law

The decision to build a family through surrogate motherhood is a journey of hope that demands complete legal protection. In Greece, the procedure is strictly regulated and requires the issuance of a court authorisation prior to the embryo transfer.

At ZIAMPARAS & ASSOCIATES Law Firm, we provide the specialised guidance required, combining legal expertise with mathematical precision in the management of your case file.

Why our approach makes the difference

A court authorisation for surrogate motherhood is not a routine application. It is a procedure that demands the flawless interplay of medical, psychological and legal evidence.

• Technical Excellence: As lawyers with a background in Information Technology, we treat the assembly of supporting documentation (medical certificates, agreements, receipts) as a strict protocol. Our attention to detail minimises the risk of delays or rejections by the court.

• Philosophical & Ethical Approach: We draft pleadings that highlight the human dimension of your case, ensuring respect for the personality of the surrogate mother and the prospective parents.

• Absolute Confidentiality: We understand the sensitivity of your data. Every step is taken with the utmost discretion and protection of your privacy.

Our Services:

1. Court Authorisation (Article 1458 of the Civil Code (AK)): Full representation before the Single-Member Court of First Instance for the issuance of the required authorisation.

2. Drafting of Agreements: Preparation of the written agreement between the prospective parents, the surrogate mother and her spouse (if any), without consideration (on an altruistic basis).

3. Coordination with IVF Centres: Legal supervision of the cooperation with assisted reproduction units to ensure full compliance with the law.

4. Cross-Border Cases: Legal support for foreign nationals permanently residing in Greece who wish to undergo the procedure.

“Surrogate motherhood is an act of the highest solidarity. Our mission is to ensure that the legal framework will be the most stable foundation upon which you build the future of your family.”

Begin Your Journey with Confidence

Proper preparation before the filing of the application is the key to a swift and successful judgment.

In further detail:

The surrogate mother obtains a court authorisation, providing a solution to the issue of infertility through medically assisted reproduction. In the surrogacy procedure there are two mothers, the social mother and the biological mother. The social mother is the one who wishes for the child to be born and will undertake its upbringing, while the biological mother is the one from whom the ovum to be fertilised originates.

The ovum to be fertilised may originate from the social mother, from the gestational carrier or from a third woman. Where the ovum originates from the social mother, the social and the biological mother are one and the same person. Where the ovum originates from a third woman, there is partial substitution. Where the ovum originates from the gestational carrier, there is full substitution. Full substitution is prohibited as it is considered socially impermissible to compel the biological mother to give up her child.

For a court authorisation to be granted to the surrogate mother, the following conditions must be met:

1. There must be a written agreement of the couple or of the single woman expressing the wish to have a child through the specific gestational carrier.
2. There must be no financial consideration, with the exception of the daily wages the gestational carrier will lose due to the pregnancy and other necessary expenses. In practice, in most cases some financial consideration is agreed upon, often substantial, which the gestational carrier receives for carrying the child.
3. A medical certificate proving the inability of the social mother to carry a pregnancy and the suitability of the gestational carrier. The social mother’s incapacity for pregnancy need not be due to disorders of the reproductive system but may also be due to disorders of other systems, such as the immune system.
4. There must have been a thorough psychological evaluation of the gestational carrier.
5. A judgment must have been issued by the territorially competent Single-Member Court of First Instance, granting authorisation for the transfer of the fertilised ovum to the gestational carrier.
6. The residence of both the gestational carrier and the social mother must be in Greece.

Failure to comply with the above conditions for the surrogate mother results in criminal, civil and administrative sanctions.

The concept of motherhood has changed. A mother is no longer primarily understood as the woman who brings a child into the world and completes the pregnancy, but rather as the woman who undertakes its upbringing. The centre of gravity for the definition of motherhood shifts from the gestation and birth of a child to the provision of care and love to that child.

 

• See also article Divorce
• See also article Relocation of the Family Home
• See also article Joint Custody of the Child
• See also article Child Maintenance – Methods of Collection
• See also article Child Custody and Abduction

FREQUENTLY ASKED QUESTIONS ON SURROGATE MOTHERHOOD – COURT AUTHORISATION

1. What conditions must be met for the court authorisation?

Pursuant to Article 1458 of the Civil Code (AK), in order for the Single-Member Court of First Instance to grant the authorisation, a written agreement is required between the prospective woman or couple and the gestational carrier, without financial consideration beyond necessary expenses. A medical certificate confirming the prospective mother’s inability to carry a pregnancy and the gestational carrier’s suitability is also required, together with a psychological evaluation.

In addition, the residence of both the gestational carrier and the prospective mother must be in Greece. Importantly, the authorisation is always issued BEFORE the transfer of the fertilised ovum — otherwise the entire procedure is legally defective.

2. What can I do if my residence is not in Greece?

The residence requirement applies either to the gestational carrier or to the prospective mother, and it suffices that one of the two has permanent residence in Greece. For foreign nationals settling permanently in the country, residence is proved through a lease or ownership deed, certificate of permanent residence, tax statements and other documents.

In cross-border cases, careful planning is required for the recognition of parental status in the country of origin, the citizenship and the travel documents of the child. Preparation must take place before the filing of the application, in order to avoid obstacles in the subsequent civil registry entry.

3. How long does the procedure for issuing the authorisation take?

The time depends on the workload of the Single-Member Court of First Instance and the completeness of the case file. As a rule, several weeks are needed from the assembly of the supporting documents to the filing of the application, while the scheduling of the hearing date and the issuance of the judgment may extend over several months.

Files with omissions, inconsistencies in medical certificates or translation issues in cross-border cases cause delays. Proper preparation of documents from the outset significantly accelerates the procedure and prevents adjournments or court requests for supplementary evidence.

4. What documents do I need for the application to the court?

The required documents include the written private agreement between the prospective parents, the gestational carrier and her spouse where applicable, medical certificates documenting the inability to carry a pregnancy, certificates of suitability of the gestational carrier issued by the assisted reproduction unit, psychological evaluations and proof of residence.

Family status certificates, identity cards or passports and solemn declarations confirming the absence of financial consideration must also be submitted. In cases involving a foreign element, official translations and Apostille certifications are required. The proper drafting of the private agreement is critical, as it forms the core of the case file.

5. What are my chances of obtaining a favourable judgment?

Where the statutory conditions are met and the case file has been properly prepared, the prospects of a favourable judgment are high, as this is a non-contentious proceeding with a clear legal framework. The court examines whether the conditions of Article 1458 of the Civil Code (AK) are met and whether the interest of the future child is safeguarded.

Rejections typically arise from incomplete documentation, ambiguities in the agreement, residence issues or indications of a commercial character. Cooperation with a lawyer familiar with the case law and court requirements substantially limits these risks.

6. What is the role of the lawyer in this procedure?

The lawyer undertakes the overall legal protection: drafts the private agreement between the prospective parents and the gestational carrier, reviews the medical and psychological documents, prepares the application to the Single-Member Court of First Instance and represents the client at the hearing. The lawyer also coordinates the cooperation with the assisted reproduction unit.

Following the issuance of the judgment, the lawyer provides guidance on the civil registry entry of the child and, in cross-border cases, on the recognition of parental status abroad. ZIAMPARAS D. & ASSOCIATES Law Firm handles such cases with absolute confidentiality and meticulous attention to detail.