Surrogacy (or assisted pregnancy by a third party) is a process where a woman ("surrogate mother") carries and gives birth to a child on behalf of another woman or couple, without being the biological mother of the child.

In Greece, this practice has been legally established and is subject to strict conditions and restrictions to ensure legality, protection of the rights of all involved, and the ethics of the process.

Legislative foundations

• Surrogacy was introduced into the Greek legal system with article 1458 of the Civil Code, which was adopted through Law 3089/2002 (Government Gazette 327/A/23-12-2002).

• Law 3089/2002 set the basic legal regulations for reproductive technology and surrogacy.

• The procedure was supplemented and specified by subsequent regulations and decisions, such as by the National Authority for Medically Assisted Reproduction (NAAM), with a relevant Decision published in Government Gazette B’ 5524/26.10.2022.

• Recently, Law 5197/2025 proposes changes that affect the conditions of the procedure, particularly regarding the residence of the parties involved and the way in which “medical inability to conceive” is interpreted.

Conditions and terms of application

1. Medical inability to conceive
   The female applicant must prove that there is a medical reason that prevents her from becoming pregnant.

2. Inability cannot be simply due to gender (it is not true that, because someone is male, they have the “inability to conceive”). With the new provisions of Law 5197/2025, this distinction is legally clarified.

3. Age limits & medical history

   • The pregnant woman must be between the ages of 25 and 54 years. For women over 50 years of age, a special permit from the National Institute of Obstetrics and Gynecology is required.

   • Must not have undergone more than two cesarean sections.

   • The surrogate mother cannot use her own eggs as part of the process — the eggs must come from the woman who wants the child or from a donor. 

4. Accommodation / residence

   • The applicant and the surrogate mother must prove residence in Greece. Temporary residence as the only condition may no longer be sufficient, according to the changes in Law 5197/2025.

   • With the new regulations, the possibility of temporary residence for procedural purposes is abolished, and permanent residence is required.

5. Court permission & court process
   The surrogacy process must be approved by a court. The application is submitted by the applicant — with the necessary medical, legal and personal information — and only after court permission can the embryo transfer take place.

Financial arrangements & compensation

• The agreement between the parties is made non-profit, without consideration.

• Expenses for:

  • Medical tests, treatments, medications

  • Childbirth and the postpartum period

  • Physical strain, absence from work, accommodation/travel expenses

  • Court / legal costs, notary fees
    All of these must be documented and based on evidence.

• However, international publications report cases where amounts such as €10,000 for absence from work and up to €12,000 for physical exertion are discussed, but are not officially considered legitimate "remuneration" under the legal framework.

 Rights & legal recognition of the child

• The child born through surrogacy is considered the legitimate child of the woman who received the court permission (applicant) and her husband or partner, provided that the corresponding legal procedures are in place.

• The surrogate mother does not acquire a legal or biological parental relationship with the child, nor parental rights or obligations.

• In cases where the procedure took place in another country, under its legislation, Greece has already passed a provision (through article 11 of Law 5089/2024) that allows for the recognition of the child's parental relationship — regardless of the gender of the parents — as long as the procedure took place legally abroad.

Current changes and challenges

• Law 5197/2025 introduces new provisions that impose stricter criteria for the residence/residence of those involved and limit abuses through the transit of persons for surrogacy.

• The new provisions remove the provision that temporary residence is sufficient, requiring permanent residence. 

• The bill restricts access to surrogacy for same-sex male couples and single men within Greece. 

• The discrepancy between law and practice — especially regarding remuneration and compensation limits — creates scope for legal and ethical conflicts.

Last updated 10/2025