Until now, Greece has been one of the few European countries offering a legally secure pathway to parenthood via surrogacy. For single women and heterosexual couples facing medical infertility, the Greek court system allowed pre-birth approvals — a rarity globally. But as of May 2025, things have changed.
A new amendment to Greek law has redefined who can access surrogacy in the country — and it has significant implications for international intended parents.
So What Has Changed?
In May 2025, Article 46 of Law 5197/2025 was passed, altering the long-standing framework around medically assisted reproduction and surrogacy. The most important change is this:
From now on, both the intended mother (the applicant) and the surrogate mother must legally reside in Greece for the court to approve a surrogacy arrangement.
In simple terms: international intended parents can no longer apply for surrogacy through Greek courts — unless they already have legal residence in Greece.
This change also means that judicial authorisation will only be valid once the court decision becomes irrevocable, adding a further procedural step and potential delay.
How Did We Get Here?
For around six years, Greece had become a popular destination for heterosexual couples and women with medical infertility issues — including many from Australia, the UK, and across Europe. With court oversight and a regulated framework, it was believed to be regulated and ethically grounded.
However, the legal environment has shifted significantly:
- From 2014 to 2023 Greek courts routinely approved surrogacy arrangements for foreigners. In the later part of that decade, cross-border arrangements increased and many international couples and singles began turning to Greek clinics and agencies — often without fully understanding the legal nuances.
- A major scandal broke in 2023: A clinic in Crete was investigated for serious allegations involving human trafficking, illegal adoption, and surrogacy law violations. The Greek IVF regulatory body was implicated in the scandal, having turned a blind eye for years. It turned out that it was simply not culturally acceptable for Greek women to carry as surrogates. So instead, clinics were importing foreign women to do the work.
- In the wake of the scandal, lawmakers acted quickly to prevent future legal loopholes and reputational damage.
The result is a much more restrictive system — aimed at tightening eligibility, reducing international exploitation risks, and reinforcing local jurisdiction.
What About Surrogacy Cases Already Underway?
The new law includes a transitional clause, which is likely to create confusion and frustration for many.
- If your case had already been heard in court before the law came into effect — even if the final decision hadn’t yet been issued — you are still protected under the old rules.
- However, if your application had merely been filed — and your court date was still pending — you now fall under the new law.
This means some intended parents who applied in good faith under the previous legislation will be retroactively excluded. It’s a situation that feels deeply unfair — and legal advocates in Greece are currently working to challenge this aspect of the law, seeking exemptions for pending applications lodged prior to the amendment.
What This Means for Intended Parents
Growing Families have warned foreigners against engaging in Greece since 2022, given the lack of cultural acceptability of surrogacy there (despite the favourable laws). However some will be midway through the process in Greece; others just beginning to explore options. This new legislation is the latest jurisdiction to ban foreigners in a growing list over the last decade (Others include Thailand, India, Cambodia, Tabasco state – in Mexico, and Nepal).
Growing Families have warned foreigners against engaging in Greece since 2022, given the lack of cultural acceptability of surrogacy there (despite the favourable laws). However some will be midway through the process in Greece; others just beginning to explore options. This new legislation is the latest jurisdiction to ban foreigners in a growing list over the last decade (Others include Thailand, India, Cambodia, Tabasco state – in Mexico, and Nepal).
Final Thoughts
Legal landscapes shift — and sometimes, they do so abruptly. This is one of those moments. But while Greece may no longer be a viable option for many, there are ethical, legal, and supportive pathways to parenthood available in a very limited number of countries. Reach out to us today.
