Embryo donation & adoption
Embryo donation — often also called “embryo adoption” — is a real option for couples and women who cannot have a child with their own eggs and sperm. It concerns embryos created during the treatment of other couples and released, with their consent, for donation.
In Greece the practice is legal and falls within the same framework as gamete donation (Laws 3089/2002 and 3305/2005, as amended). Because legislation evolves, the details should be confirmed for each case with a physician and, where needed, a lawyer.
What is embryo donation and who is it for?
Embryo donation means using embryos left over from other couples’ treatment and voluntarily offered to help others. The embryo is transferred to the recipient’s uterus after appropriate endometrial preparation.
It is aimed mainly at cases where both egg and sperm donation are needed at once — for example, when both partners have a serious gamete problem — or at single women and couples who choose it for medical or personal reasons.
How does it differ from legal adoption?
Despite the term “embryo adoption”, this is a medical assisted-reproduction procedure, not the legal adoption of an already-born child. The recipient carries and gives birth to the child and is legally regarded as its mother on the basis of the pregnancy and delivery.
The term “adoption” is used more descriptively, to convey the idea that the genetic material comes from others. The legal parentage consequences are governed by the Civil Code provisions on assisted reproduction, not by adoption law.
What are the legal conditions in Greece?
Embryo donation, like gamete donation, is voluntary and non-commercial (altruistic): no financial payment is allowed, only the reimbursement of specific expenses. The explicit consent of the couple releasing the embryos, in the lawful form, is required.
The recipient’s age limit also applies (up to 54 years, with a special permit from the National Authority for ages 50–54, under Law 4958/2022), as do the screening/safety requirements for the genetic material. The exact terms and paperwork are confirmed with the centre and a lawyer.
Where do the embryos come from and how are they selected?
The embryos come mainly from couples who have completed their family and chose, instead of disposal or indefinite cryopreservation, to release them for donation. In some cases embryos are created by combining a donor egg and donor sperm.
Matching is done on medical criteria and, where feasible, on basic phenotypic characteristics. As with gamete donation, records are kept and there is a limit on the number of children arising from the same donor.
Who is legally the child’s parent?
The legal mother is the woman who carries and gives birth to the child. Where there is a consenting partner/spouse, they are regarded as the other legal parent. The embryo donors acquire no parental rights or obligations.
These provisions stem from the Civil Code (Law 3089/2002). Because the details may differ according to family status, it is best to confirm them with a lawyer before starting treatment.
What are the advantages and the issues to consider?
Embryo donation is often simpler and cheaper than combining separate egg and sperm donation, and gives many couples and women the chance to experience pregnancy and childbirth.
At the same time, it raises substantive questions: the absence of a genetic link to both parents, the possibility of the child later seeking information (in relation to the evolving anonymity regime), and the need for psychological preparation. Counselling before the decision is valuable.
Summary
Embryo donation (“embryo adoption”) is legal in Greece and falls under Laws 3089/2002 and 3305/2005, as amended. It is a medical procedure, not a legal adoption: the legal mother is the woman who carries and gives birth, while the donors acquire no parental rights. Donation is altruistic, the 54-year age limit and screening requirements apply. Because legislation changes — particularly on anonymity — confirm the current specifics for your case with a physician and lawyer.
Sources: Law 3089/2002 (Civil Code — parentage); Law 3305/2005 (application of methods, disposition of surplus embryos); Law 4958/2022 (age limit, cryopreservation, anonymity); National Authority for Medically Assisted Reproduction. Legislation changes; confirm the current specifics with a physician/lawyer.
⚕ Medically reviewed by Prof. Stratis Kolibianakis · Thessaloniki Medical Association Reg. No. 16340
ARTICLE 32 · GAMETE DONATION & LAW
