Legal Issues

The Greek law on the application of assisted reproduction techniques (Law 3305/2005) was issued on 27 January 2005. The Greek legislation regarding medically assisted reproduction is one of the most advanced in Europe. It secures and protects couples who wish to conceive covering medical and biological issues and determining bioethical principles. The main concern is that all methods of assisted reproduction are to the best interest of the child to be born.

Main principles of the existing legislation:

• Assisted reproduction methods are fully legal and permitted for women up to 54 years of age, since this is considered to be the upper limit of natural reproductive capacity.
• Oocyte and sperm donation is allowed, however with the written consent of the wife/ husband or partner.
• Preimplantation genetic diagnosis is allowed upon consent of partners in order to diagnose whether embryos demonstrate genetic malformations.
• Selection of gender is prohibited, unless to avoid a serious hereditary disease transmitted with gender.
• Cloning for reproductive purposes is prohibited.
• Cryopreservation of genetic material or fertilized oocyte is permitted.
• Surrogacy is permitted. This refers to cases where a woman gestates and gives birth to a foreign embryo conceived with IVF, on account of another woman who wishes to have a child but cannot gestate for medical reasons. Surrogate mothers must have undergone medical and psychological examinations. No financial transaction is allowed except for the expenses of the gestating woman related to tests, loss of work, etc. The entire procedure requires a special judicial permit.
• Assisted reproduction units are set up and operate with a licence from the competent body, upon consent of the Authority, which confirms compliance with all legal conditions. Any violations are subject to administrative and criminal penalties.
• Upper age limits are set for sperm donors (younger than 40 years) and oocyte donors (younger than 35 years).
• Single women and unmarried couples may have children through assisted reproduction but in both cases a notarial deed is required.
• Donors must undergo clinical and laboratory tests and shall not be accepted if suffering hereditary, genetic or contagious diseases. The use of fresh sperm from a third donor is prohibited. Use of frozen sperm from a donor is only permitted.

https://eaiya.gov.gr/en/