Sperm donation: process and Greek law
Sperm donation is an established, well-regulated option for couples with severe male-factor infertility or azoospermia, and for single women who wish to have a child. In Greece, the framework is regarded as one of the most comprehensive in Europe.
The core laws are 3089/2002 (which governs the family- and inheritance-law consequences in the Civil Code) and 3305/2005 (which governs how the methods are applied), as subsequently amended. Because legislation evolves, the exact details of your case should always be confirmed with your treating physician and, where needed, a lawyer.
When is sperm donation indicated?
Sperm donation is proposed mainly in severe male-factor infertility or azoospermia when no viable sperm can be obtained (even surgically by TESE), when there is a risk of transmitting a serious inherited disease, or after repeated failures with the partner’s sperm.
It is also used by single women. The choice is always made after a full work-up and a discussion of the alternatives, so that the decision is informed.
Who may access it under the law?
The Greek framework allows access to married and unmarried heterosexual couples, as well as to single (unmarried) women. Unmarried couples and single women require notarized consent, while for married couples written consent suffices.
There is an upper age limit for the woman undergoing assisted reproduction; Law 4958/2022 raised it to 54 years, with a special permit from the National Authority for Medically Assisted Reproduction for ages 50–54. The application details should be confirmed case by case.
How are donors screened and selected?
Candidate donors undergo clinical and laboratory screening and are excluded if they have hereditary, genetic or infectious diseases or a burdened history. According to published information, a sperm donor is up to 40 years of age.
For safety, only frozen sperm is used, placed in quarantine (typically at least six months) so that testing for transmissible diseases such as HIV can be repeated before use. The use of fresh third-party donor sperm is not permitted.
Does donor anonymity apply in Greece?
Historically, gamete donation in Greece was anonymous. Law 4958/2022 amended the framework, abolishing exclusive anonymity and providing, at the donor’s choice, the option of an anonymous, identifiable, or disclosed-to-the-adult-child identity.
Note: according to reports, the practical implementation of this option is pending and the position may change. Because the issue is important and fluid, ask the centre and a lawyer to confirm exactly what applies at the time of your treatment.
Who is legally the child’s father?
When sperm donation is carried out with lawful consent, the legal parent is the consenting partner/spouse, not the donor. The donor acquires no parental rights or obligations towards the child.
The exact consequences are governed by the Civil Code provisions (Law 3089/2002). As the details of kinship and inheritance law may depend on your family status, it is best to confirm them with a lawyer.
What does the process look like in practice?
After history-taking and tests, the required consents are signed. A donor is selected from an accredited bank on the basis of medical and, where permitted, phenotypic characteristics. The frozen sperm is used either for intrauterine insemination (IUI) or for IVF/ICSI, depending on the case.
The number of children per donor is limited by law, to avoid consanguinity in future generations. The centre keeps records and reports the data to the national donor registry.
Summary
Sperm donation in Greece is legal and well-regulated (Laws 3089/2002 and 3305/2005, as amended), with access for married and unmarried heterosexual couples and single women, use of screened, frozen, quarantined sperm only, and the consenting partner — not the donor — as the legal parent. The anonymity regime changed with Law 4958/2022, but its implementation is still taking shape. Because legislation evolves, confirm what applies to your case with a physician and lawyer.
Sources: Law 3089/2002 (medical assistance in human reproduction); Law 3305/2005 (application of methods); Law 4958/2022 (amendments: age limit, anonymity, cryopreservation); National Authority for Medically Assisted Reproduction (eaiya.gov.gr). Legislation changes; confirm the current specifics with a physician/lawyer.
⚕ Medically reviewed by Prof. Stratis Kolibianakis · Thessaloniki Medical Association Reg. No. 16340
ARTICLE 31 · GAMETE DONATION & LAW
