Background
Until 2014, both the intended parents and the surrogate mother had to be resident in Greece. However, this strict regulation was relaxed: a temporary residence or stay in Greece was now sufficient. This meant that couples who did not live permanently in Greece were also able to carry out a surrogacy programme and hire a non-Greek surrogate mother with only temporary residence. As a result, demand increased and clinics increasingly recruited foreign women as surrogate mothers. However, payment remained strictly prohibited - surrogacy in Greece is only permitted for altruistic, i.e. non-commercial purposes. Violations are punishable by law for all parties involved - including intermediaries.
Tightening since May 2025
Following a scandal involving surrogate motherhood on Crete in 2023, Greek lawmakers have now reacted. It has been in force since May 2025:
- A merely temporary stay is no longer sufficient.
- Both intended parents and surrogate mothers must have a permanent residence or stay in Greece prove.
- Deception can result in severe penalties.
The legal policy intention behind this is clear: surrogacy tourism is to be curbed. However, the law leaves it open as to when a stay is considered "permanent".
Consequences for German intended parents
For German intended parents, the new regulation represents a considerable hurdle. In future, only those who actually live in Greece permanently will be able to obtain a court decision on participation. False information not only jeopardises recognition in Greece, but can also jeopardise the subsequent German Stepchild adoption procedure fail.
There is also a procedural changeEmbryo transfer may only take place once the court decision has become final. In practice, this leads to delays.
Unexpected advantages?
Despite the tightening, there are also potential advantages for German opposite-sex couples and single women:
- German private international law is often linked to the habitual residence to.
- If the intended parents have this in Greece, their parenthood could also be recognised directly in Germany under Greek law.
- An additional stepchild adoption would then no longer be necessary.
Conclusion - What does this mean for German intended parents?
The change in the law in Greece makes access to surrogacy procedures much more difficult. For many couples, this means additional hurdles and delays. At the same time, however, the new regulation can also lead to the Legal parenthood is recognised more quickly and easily in Germany in certain constellations.
Dr Marko Oldenburger
Specialist lawyer for family and medical law
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