Surrogacy in Greece: framework and conditions
Greece is one of the few European countries with a clear legal framework for altruistic surrogacy, in place since 2002. It is a demanding process that requires a medical indication and prior court authorization.
The framework rests on the Civil Code (articles introduced by Law 3089/2002) and Law 3305/2005, with later amendments — including significant changes in 2025. Because legislation in this area evolves rapidly, the exact details must be confirmed with a specialist lawyer.
What kind of surrogacy is allowed?
Only altruistic (non-commercial) and gestational surrogacy is allowed. “Gestational” means the surrogate carrier does not contribute her own eggs; the embryo is created from the genetic material of the intended parents and/or donors.
“Altruistic” means any financial payment to the carrier is prohibited. Only the reimbursement of specific expenses is allowed (e.g. costs of the pregnancy and delivery, compensation for loss of income due to absence from work).
Is court authorization needed before the process?
Yes — and this is the most critical point. Prior court authorization is required before the embryo transfer. The court examines the written agreement, the medical indication and the altruistic character of the arrangement.
Authorization is not granted for social reasons, only when the intended mother’s medical inability to carry a pregnancy is demonstrated. Without prior court approval, the process is not lawful.
What are the medical conditions?
The intended mother must prove a medical inability to carry a pregnancy — for example, absence or serious abnormality of the uterus, or a health condition that makes pregnancy dangerous. Relevant medical certificates are required.
An age limit also applies to the intended mother, within the limits of assisted reproduction (up to 54 years under Law 4958/2022). The carrier undergoes a medical and psychological suitability assessment.
What changed with the 2025 amendments?
According to reports, significant changes were introduced in 2025 (Law 5197/2025 is cited): a requirement of lawful residence in Greece was established for both the intended mother and the carrier, for the court to approve the process. As a result, international intended parents can no longer apply to the Greek courts without lawful residence.
It is also reported that it was clarified that an inability to carry a pregnancy due to sex does not constitute a medical indication, excluding single men and male same-sex couples. These changes are recent and contested; be sure to confirm the current regime with a specialist lawyer.
Who is legally the child’s parent?
On the basis of the court authorization and the Civil Code framework, the legal mother is presumed to be the intended mother, not the carrier. This is one of the key advantages of the Greek framework, as it provides legal certainty for the parent–child relationship.
The exact procedural details (e.g. when the court decision becomes final) may have changed with the recent amendments. As this is a decisive matter, it should be confirmed with a lawyer before starting.
Which steps should you watch out for?
In practice, the path includes: medical documentation of the indication, finding and screening a suitable carrier, concluding a written altruistic agreement, filing an application and obtaining prior court authorization, and only then the embryo transfer.
Because of the legal complexity and the recent changes (particularly on residence and access criteria), working with a specialist lawyer from the outset is essential. Do not begin any medical step before court authorization is secured.
Summary
In Greece only altruistic, gestational surrogacy is allowed, with a medical indication (proven inability of the intended mother to carry a pregnancy) and mandatory prior court authorization before the embryo transfer. The intended mother is presumed the legal mother. In 2025 significant changes are reported (Law 5197/2025): a requirement of lawful residence in Greece for both intended mother and carrier, and exclusion of single men/male same-sex couples. This is a recent and fluid area; be sure to confirm the current regime with a specialist lawyer before any step.
Sources: Civil Code articles introduced by Law 3089/2002 (surrogacy); Law 3305/2005; Law 5197/2025 (Article 46, May 2025 — legal-residence requirement and access criteria); National Authority for Medically Assisted Reproduction. Legislation changes; confirm the current specifics for your case with a specialist lawyer.
⚕ Medically reviewed by Prof. Stratis Kolibianakis · Thessaloniki Medical Association Reg. No. 16340
ARTICLE 34 · GAMETE DONATION & LAW
