Your law firm for family and inheritance law in Hamburg and Kiel

Surrogacy abroad - new legal hurdles for German intended parents

Surrogacy in Greece or Argentina? Specialist lawyer Dr Marko Oldenburger explains why the legal situation has become much tougher in 2025 and what German intended parents need to be aware of.

Question:

Is surrogacy in Greece or Argentina legally possible for German intended parents?

Answer:

No - there are currently considerable legal uncertainties and new legal restrictions.

Greece: Permanent residence now mandatory

Surrogacy has been permitted in Greece for more than 20 years, but only in altruistic, i.e. non-commercial form and after court authorisation.
Since May 2025 the Greek legislator has tightened the rules:

  • Both the intended parents and the surrogate mother must live permanently in Greece.
  • A merely temporary stay is no longer sufficient.
  • In the event of deception about the place of residence Penalties and loss of legal parenthood.

In addition, the embryo transfer may only take place once the court decision incontestable This lengthens the process considerably.

For German intended parents, this means that surrogacy in Greece is not possible. hardly practicable and legal riskier become.

Argentina: No legal basis, high risk

In Argentina exists so far No law on surrogacy. Individual courts have allowed them in the past, but in the October 2024 the Supreme Court ruled that the Surrogate mother remains legal mother.
A different parenthood of the intended parents is therefore no longer possible, as long as no new legal regulation is created.

Agencies that claim that it is not necessary to go to the German embassy or that „everything is unproblematic“ are acting dubious. Without Declarations of paternity and custody can the child in Germany legally parentless be.

German authorities also check whether surrogate mothers put under pressure or exploited in such cases, a recognition of the parenthood of the child not granted.

Conclusion: Seek legal advice in good time

Surrogacy abroad remains possible for German intended parents Highly complex.
In Greece, as in Argentina, the legal conditions have changed. 2024/2025 significantly tightened.
Only one Qualified legal advice before concluding a contract protects against serious mistakes - and against the risk that the desired child legally does not belong to the parents.

 

Dr Marko Oldenburger

Specialist lawyer for family law and medical law

Dr Oldenburger advises and represents individuals, different and same-sex couples on the path to fertility fulfilment, including surrogacy and international adoptions. Send him an e-mail at (oldenburger@schneiderstein.de) or use our Contact form.
By the way: We offer country-specific package prices for surrogacy and international adoption procedures from A-Z (fixed prices) or modular fees depending on your service requirements. This means that your expenses can be calculated from the outset. Further information on the desire to have children here.