Friday, September 29, 2023
We’re indebted to certainly one of Greece’s main surrogacy lawyers, Maria Vastaroucha, for writing the article under on steps to take to make sure a safer surrogacy journey in Greece. Maria’s contact particulars are on the finish of the article. The article is revealed on our web site along with her permission.
Steps to take to make sure a safer surrogacy journey in Greece:
Guarantee your surrogacy journey follows Greek Surrogacy Legislation, Greek Nationwide Authority of Assisted Copy (EAIYA) laws and pointers and the Greek Code of Contact for ART methods. Attempt to take a look at all of the choices accessible to you, discuss to others which have already completed their surrogacy journey and may share their private expertise with you. Get impartial authorized recommendation whereas looking and if attainable journey and go to the clinics and the medical crew that you’ll belief for this journey. It’s essential to know that whereas the Greek authorized framework could be very beneficial and protecting for IPs, on condition that the child doesn’t purchase Greek citizenship, it’s advisable to seek the advice of your native authorized counsel earlier than beginning the surrogacy course of, in order to make sure on the authorized circumstances and the steps of gaining citizenship to your child.
2. HEALTH AND BACKGROUND CHECKS
Be sure that the surrogate had applicable well being and psychological checks previous to beginning the method and that each one the events meet the necessities for the judicial approval. It’s advisable to make sure that background checks have been carried out to the surrogate and her family and that she is conscious that despite the fact that in accordance with the Greek surrogacy legislation she shouldn’t be considered the mom of the infant that she is going to ship, she might must signal declarations, affidavit or solemn statements earlier than any consular or different competent authority or give an interview, after the start of the infant, in order that full parental rights are granted to IPs. In view of this and given the altruistic nature of surrogacy in Greece, it’s advisable to take time to get to know one another and construct up a minimum of a typical relationship along with her. Ask the surrogate to get impartial authorized recommendation even when it’s a must to cowl the related value.
3. GENETIC AND FERTILITY COUNSELLING
It’s essential for all of the events, the IPs included, to proceed after being totally and totally knowledgeable by their fertility counselor and understood the process to be adopted, in addition to the phrases, the alternate options, the anticipated outcomes, the potential dangers and the moral, social, authorized and financial consequence of the surrogacy process. For these utilizing donor eggs/sperm genetic counseling can be essential. A child genetically associated to each parents shouldn’t be the identical with a child that comes from embryo donation. Greek court won’t study the genetic hyperlink of the parents to the child (embryo donation is allowed in Greece), however a choose at all times wish to be sure that the events have made an knowledgeable resolution.
4. SURROGACY AGREEMENT
Despite the fact that surrogacy is altruistic in Greece, it’s at all times advisable to make sure that all events have mentioned all eventualities of a surrogacy journey (a number of being pregnant, miscarriage, termination of being pregnant, what number of IVF makes an attempt until a being pregnant is achieved and so on.)and have put a written settlement collectively despite the fact that some points are regulated within the good religion of the events. Greek court will study this settlement, however your native authorities might request a duplicate of it, whereas making use of for citizenship or passport. It’s at all times advisable to notarize the signatures on it and translate this settlement to your language (if it isn’t a bilingual settlement) by an official translator (Greek Ministry of Overseas Affairs or an accredited translator in your nation).
Despite the fact that in the intervening time no insurance coverage firm covers dangers associated to surrogacy in Greece, it’s at all times advisable to test that the surrogate has entry to the general public well being system in case of problems through the being pregnant or after the supply, the place additional hospitalization could also be wanted. Verify if there can be found insurance coverage choices for the infant and in the event you resolve to proceed signal the contract on time (whereas beginning the remedy). In any case, on condition that the associated fee for the keep in NICU might change considerably the overall value of the surrogacy course of, ask the clinic to offer you a median value previous to beginning the method.
6. HEALTH CARE PROXY
Surrogacy journey is a difficult journey and lots of issues, such because the supply date, might not occur as initially scheduled. A untimely start or journey restrictions (because it occurred throughout COVID19 interval) might forestall IPs from being current on the supply date. Which means that the infant could also be left in a authorized limbo (with out parents) for some days. To keep away from this it’s at all times advisable to signal a well being care proxy authorizing your lawyer or a reliable individual to characterize you on the maternity hospital and the Greek civil registry performing in your behalf and in accordance with your directions.
7. RESPECT THE TIME FRAME TO OBTAIN A COURT AUTHORISATION
What makes Greece distinctive as a vacation spot it’s the court resolution on the stage earlier than the embryo switch. With this court resolution filiation between Supposed Mom and the infant is established from the second of the embryo switch which is the primary and most essential step on this great journey. If Greek didn’t have this distinctive course of, issues could be fairly totally different and this due to the Roman – legislation precept “Mater semper certa est (“The mom is at all times sure”)” (that exists in nearly all of the jurisdictions world wide), The latter has the facility of praesumptio iuris et de iure, that means that no counter-evidence might be made in opposition to this precept which supplies that the mom of the child is conclusively established, from the second of start, by the mom’s position within the start. Therefore this course of isn’t just a bureaucratic or typical course of or only a essential step earlier than the embryo switch however it’s the MOST IMPORTANT STEP on this journey as a result of an embryo switch previous to the court approval signifies that the surrogate might be listed as a mom on the start certificates. Because of this surrogacy instances aren’t examined by a single choose however by Multi Member Courts which in Greece are competent for instances of increased significance. Despite the fact that Greece shouldn’t be well-known for the pace of justice, surrogacy instances, given their nature are examined in a “quick monitor” course of (not lengthy delays in getting a listening to date – not lengthy delays in getting the court approval) taking at all times into consideration how the entire justice works in Greece and the timeframe that judges are allowed to publish a court resolution usually. Nevertheless, it must be clear that it’s a court course of with large significance and despite the fact that there isn’t a opponent, the general public prosecutor can take part and issues of massive significance are examined (that Greek legislation and the general public order aren’t violated). For a pair struggling a few years with infertility having a child as quickly as attainable is of nice significance, however for the Greek choose it’s of massive significance as effectively to look at totally the file and ensure eligibility in accordance with the Greek Legislation. A lawyer can’t intervene on the work of the choose and ask to prioritize a case and we have to respect the time a court must publish the court resolution.
So, with any clinic you determined to start out your journey and impartial of the “matching interval” with the surrogate that each clinic might have, you at all times must have all of the above in thoughts as for the court course of, be affected person and assume constructive! And don’t neglect, all events concerned on this journey are on the identical web page and need for a similar! Good issues in life come to those that wait!
NOMOS LAW FIRM, “Fertility Legislation Greece”
1, VALAORITOU STR.
T+30 2310 263665
F +30 2310 222405
E-mail: [email protected]