Surrogacy has been legal in Greece for two decades. But surrogate pregnancies, the protections for surrogates, and the access to surrogacy have been all over Greek headlines as of late. Specifically, in April, a legal provision underlined again that gay couples and single men cannot access surrogate reproduction techniques.
To understand why, we spoke with Marianna Vassiliou, a lawyer at the Supreme Court of Greece, who specializes in assisted reproduction law.

Vassiliou outlines the history of surrogacy and assisted reproduction law in Greece, which was first legalized in 2002. The procedure is available to any woman or straight couple that can show they are unable to conceive or carry a pregnancy. Vassiliou argues that Greece has one of the most complete and progressive legal framework for surrogacy, with clear delineations of parenthood and requirements that a surrogate’s medical and others costs are all covered.

In fact, as Greece is one of the only countries in the European Union where surrogacy is legal, couples and individuals from across Europe and the world often come to Greece to access surrogacy and other assisted reproduction techniques.
But amidst the country’s market for international surrogacy tourism, are also instances of trafficking– women from outside Greece who are forced or coerced into donating ova or providing surrogacy. One such scandal in Crete in 2023 rocked Greece, with the Greek police reporting “the benefit that the criminal organization derived per surrogacy  usually ranged from 70,000 to 100,000 euros, with 70% of this being net profit.”

Greek politicians argue that prohibiting same-sex couples from employing surrogacy will cut down on trafficking. LGBT+ advocates argue these measures are misguided, and are merely veiled homophobia.

So what are the actual legal parameters and protections regarding surrogacy in Greek law? How is the structure here different from the rest of Europe? Does prohibiting same-sex couples from accessing surrogacy actually address trafficking?

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