7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
6. Is access to surrogacy subject to specific criteria? NA
a. medical criteria (e.g. infertility of the intended parent(s))
b. other criteria (please specify)
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) No
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? According to the article 10 in the LTRHA it is not allowed the birth of children through surrogacy in Spain. The conduct of them, who by means of economic compensation, put a child, a descendent or a minor in charge of a person with no filiation or familiar relationship, eluding the legal proceedings for custody, guardianship or adoption, with the purpose of stablishing a relation similar to the filiation, is classified as a criminal activity by the Criminal Code art. 221. This crime is punishable by two to five years imprisonment and by four to ten years disqualification to exercise the right of parental authority, curatorship, custody or guardianship. According this same article 221.2, the person who receives the minor and the intermediary are also punished, even though the delivery had taken place in a foreign country.
a. surrogate mother Yes
b. intended parent(s) NA
c. gamete donor Yes
d. facilitator Yes
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? No
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)
8. Can the surrogate also be the oocyte donor? NA
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) No. Only commercial surrogacy may be prosecuted, but all forms are considered illegal to facilitate
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) NA
b. other criteria (please specify) NA
18. Is there:
a. any public discussion about the topic No
b. planning of new regulation at national level No
19. Please specify any additional relevant aspects which were not mentioned.
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive: Yes, only on the basis of an agreement between both sides of surrogacy process in each case.
a. refund of medical expenses Yes
b. refund of other expenses Yes
c. compensation for loss of income Yes
d. other compensation including non-pecuniary Yes
e. remuneration or comparable advantage Yes
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) No
b. other criteria (please specify) No
8. Can the surrogate also be the oocyte donor? Yes. If not commercial and only if the couple involved find the oocyte donor by themselves.
9. Is it lawful to advertise surrogacy services? Not really
10. Is it lawful to remunerate a facilitator/surrogacy agency No
1. Is surrogacy regulated by a specific law in your country? No specific law, but specific provisions in more general laws
2. Is surrogacy regulated in another way? (please specify) No
3. Has surrogacy been the subject of jurisprudence/court cases in your country? No
4. Is there a legal definition of the term “surrogacy”? (please specify) No
5. Is surrogacy prohibited in your country? All forms of surrogacy have been prohibited in Türkiye.
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) No
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother Yes/No
The intended mother is recognised as the legal mother of the child born through surrogate motherhood if she is an egg donor and if there is a foreign surrogacy judgment, recognisable in Switzerland, which establishes the legal parent-child relationship between the genetic intended mother and the child born through surrogate motherhood.
e. intended father Yes/No
The intended father is recognised as the legal father of the child born as a result of surrogate motherhood if he is a sperm donor and if there is a foreign surrogacy judgment, recognisable in Switzerland, establishing the legal parent-child relationship between the genetic father of intent and the child born as a result of surrogate motherhood.
Note: if this condition is not met, the parent-child relationship between the intended parents and the child born as a result of surrogate motherhood can only be established through adoption.
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes, in most cases the parent-child relationship between the intended parents and the child born as a result of surrogate motherhood can be established through adoption.
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes.
No genetic relationship between the intended parents and the child born of surrogate motherhood is required for adoption. However, the parent-child relationship between the intended parents and the child can only be directly recognised on the basis of a foreign surrogacy judgment (e.g. in the United States) if the intended parents are also the genetic parents of the child.
See also the answer to question 13 above.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother No
b. oocyte donor No
c. sperm donor No
a, b, c - The details of the surrogate mother, egg donor and sperm donor are recorded in the civil register, in the event that the child born after surrogacy wishes to know about them at a later date. However, they do not appear on any official document (birth certificate, etc.). This also applies after the child has been adopted by the intended parents.
d. intended mother Yes
e. intended father Yes
d, e - Yes, if the parent-child relationship between the intended parents and the child born through surrogate motherhood can be recognised in Switzerland (see also question 13), the intended parents will be entered in the civil status register as the child's legal parents and will appear on civil status documents (birth certificate, etc.). This also applies if the child is adopted by the intended parents.
17. Are foreign birth certificates in surrogacy cases registered in your country No, foreign birth certificates are never recognised directly in surrogacy cases. It is only when there is a foreign judgment that can be recognised in Switzerland (art. 70 LDIP), which establishes the parent-child relationship with the intended (genetic) parents, that the foreign birth certificate drawn up on the basis of the judgment can also be recognised (case law of the Federal Court).
18. Is there:
a. any public discussion about the topic Yes. There is currently no political debate at federal level.
b. planning of new regulation at national level No
The two parliamentary items (postulate) have been settled.
19. Please specify any additional relevant aspects which were not mentioned.
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive: Non
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes. The surrogate mother. Under the Human Fertilisation and Embryology Act 2008 the woman who carries and gives birth to the child is recognised as the child’s legal mother in all cases.
If the surrogate has a spouse or civil partner that person will be recognised as the legal father/second parent unless they are judicially separated or that person did not consent to the procedure.
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. Under the Human Fertilisation and Embryology Act 2008, a Court can grant a Parental Order that transfers legal parentage from the surrogate mother (and her spouse/ partner if she has one) to the persons that commissioned the surrogacy provide the criteria in the Act are satisfied.
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes. One of the criteria for granting a Parental Order is that the gametes of at least one of the intended parents should have been used to bring about the creation of the child.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? Where gamete donation has taken place in a licenced clinic, the donors cannot be the legal parents. The intended parents are named on the parental order. If the surrogate is single, the intended father, if he supplied the sperm, can be named on the birth certificate.
a. surrogate mother
b. oocyte donor No
c. sperm donor No
d. intended mother
e. intended father
17. Are foreign birth certificates in surrogacy cases registered in your country No
8. Can the surrogate also be the oocyte donor? Yes
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive: N/A
a. refund of medical expenses
b. refund of other expenses
c. compensation for loss of income
d. other compensation including non-pecuniary
e. remuneration or comparable advantage
8. Can the surrogate also be the oocyte donor? N/A
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes. Mother is the women who gave birth to the child.
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father Yes
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. As in any other constellation, however, adoption may take place between the child and the intended parents without any special provision for surrogacy cases.
15. Is the existence of a genetic link required for establishing paternity/maternity? Maternity: no. Paternity: no, the father is the mother’s husband, the man who acknowledged paternity or the male partner of the woman giving birth following ART, always under the condition that he formally consented to the treatment.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother The mother is the woman who gave birth to the child.
b. oocyte donor No
c. sperm donor No
d. intended mother N/A
e. intended father Yes
17. Are foreign birth certificates in surrogacy cases registered in your country Yes. If there is a genetic link between the parents and the child, the foreign birth certificate is recognized in Austria because of the best interests of the child.
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) No
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) Yes
b. other criteria (please specify) Yes
Fertilization centers which agree to practice medically assisted procreation with a surrogate mother currently pose their own terms. Eg: one center limits acceptance to medical indications (e.g. patient with significant heart defect) and to surrogacy without oocyte donation or sperm, which excludes homosexual couples. But another Belgian fertilization center accepts homosexual couples.
Thus the criteria may vary from one center to another (e.g. procedure for screening of the surrogate mother; limited access for Belgian applicants).
1. Is surrogacy regulated by a specific law in your country? No. In the absence of a prohibition, Belgium implicitly authorises non-commercial surrogacy
2. Is surrogacy regulated in another way? (please specify) No
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Yes
4. Is there a legal definition of the term “surrogacy”? (please specify) No
18. Is there: N/A
a. any public discussion about the topic
b. planning of new regulation at national level
b. planning of new regulation at national level
19. Please specify any additional relevant aspects which were not mentioned.
In Bosnia and Herzegovina there is no specific legislation on MAR as yet. Currently, it is regulated by the Health Protection Act (in both B&H entities: Federation BiH and Republika Srpska), as well as by some specific provisions (mainly regulating rights of the couple to reimbursement of IVF costs for two attempts)
MAR as a medical procedure is well established both in public and private sector in Bosnia and Herzegovina
A draft Law on Medically Assisted Reproduction in the Federation B&H, after a long time preparation and public debate, has been rejected by the Parliament of Federation B&H in June 2014.
Article 50. of this Law :
(1) prohibits advertising (looking for or offering) of surrogacy services
(2) prohibits arranging and performing surrogacy
(3) contracts or any other legal arrangements on surrogacy and delivery of child born after MAR, with or without remuneration, are unlawful.
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify)
18. Is there:
a. any public discussion about the topic No
b. planning of new regulation at national level Yes
New legislation is foreseen for the MAP field, but primarily to regulate technical issues, not surrogacy.
19. Please specify any additional relevant aspects which were not mentioned. N/A
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother Yes
b. intended parent(s) Yes
c. gamete donor Yes
d. facilitator No
12. Subject to the applicable law, are you aware of the following unlawful practices in your country?
a. remuneration of the surrogate No
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) Yes
b. other criteria (please specify) Yes
Must apply and obtain appropriate authorization from the Board of Medically Assisted Reproduction and then obtain appropriate Court order.
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses Yes
b. refund of other expenses Yes
c. compensation for loss of income No
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage No
8. Can the surrogate also be the oocyte donor? N/A
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes. Czech law: the woman who gives birth is the legal parent
b. oocyte donor No
c. sperm donor No
d. intended mother No, she has to go through the adoption procedures
e. intended father Yes, if the surrogate is not married and if she determines the intended father as the child's father
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes, adoption
15. Is the existence of a genetic link required for establishing paternity/maternity? No, in cases of MAP.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother Yes, before the adoption
b. oocyte donor No
c. sperm donor No
d. intended mother No at first, after adoption yes
e. intended father Yes, if the surrogate is not married
17. Are foreign birth certificates in surrogacy cases registered in your country. Yes. Very recently (mid May 2018). The reason is the best interest of the child.
8. Can the surrogate also be the oocyte donor? Theoretically, because there is no law. The Czech MAP Society has issued recommendation not to use her eggs.
1. Is surrogacy regulated by a specific law in your country? No
2. Is surrogacy regulated in another way? (please specify) Yes. Surrogacy is not regulated by one specific law. However surrogacy is regulated in § 33 in the Danish Adoption Act, § 31 of the Danish Children´s Act, and in § 13 in the Danish Act on Assisted Reproduction.
3. Has surrogacy been the subject of jurisprudence/court cases in your country? No
4. Is there a legal definition of the term “surrogacy”? (please specify) Yes. When there is an agreement between the woman, where the pregnancy will be sought, and another person, that the woman gives birth to a child for the other person.
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No. Until 1 January 2018 a health care person was not allowed to establish MAP unless the egg came from the woman who was to give birth to the child, or the semen came from her partner. However, since 1 January 2018 it is legal to use both donated egg and donated semen if the single woman/the woman and her partner do not have functional eggs or semen, and at least one donor is non-anonymous.
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
1. Is surrogacy regulated by a specific law in your country? Yes
Article 16-7 of the civil code establishes the principle that agreements on surrogate procreation or pregnancy are null and void. This is a public order provision (article 16-9 du code civil).
Article 227-12 of the criminal code prescribes a penalty of one year's imprisonment and a fine of € 15,000 for acting as an intermediary between a person or a couple wishing to receive a child and a woman prepared to bear this child for the purpose of giving it to them. When the acts have been committed repeatedly or for commercial gain the penalties are doubled.
2. Is surrogacy regulated in another way? (please specify) No
3. Has surrogacy been the subject of jurisprudence/court cases in your country?
Pursuant to the former case law of the Court of Cassation of 13 September 2013, a child born under a surrogate pregnancy agreement could not enjoy legal recognition in France of the filiation in respect of its intended parents, even if they had been cited as the child's parents on a foreign birth certificate legally established abroad (1st Civil Chamber, 13 September 2013, Nos. 12-30.138 and 12-18.315).
By two judgments delivered on 3 July 2015 (1st Civil Chamber, 3 July 2015, No. 14-21.32; JurisData No. 2015-01587), the Court of Cassation ruled that the child's paternal filiation, where it corresponds to the biological reality, should be entered in the French civil status register, thereby drawing the legal conclusions of the Mennesson v. France and Labassee v. France judgments handed down by the European Court of Human Rights on 26 June 2014, which found against France on this issue.
These two judgments did not call into question the principle of the absolute prohibition of surrogacy in France, but ensure that the right to respect for private and family life is upheld under the terms of Article 8 of the European Convention on Human Rights and Fundamental Freedoms.
The French courts have therefore gradually developed case law intended to offer legal solutions to the situations of these children. The European Court of Human Rights recently validated this case law with two decisions of December 12, 2019 and July 16, 2020.
In its decision of July 16, 2020 (D. v. France), the European Court of Human Rights ruled in particular that the refusal to transcribe the birth certificate of a child born abroad from a surrogacy does not infringe the right to respect for the private and family life of the child in that the adoption procedure makes it possible to recognize a bond of filiation between the child and his intended parent.
However, despite the compliance of the French system with the European Convention, the Court of Cassation, by two judgments of December 18, 2019, modified its case law, by modifying its interpretation of Article 47 of the Civil Code on the probative value of acts of the foreign civil status. It is now considered that the assessment of the conformity with the "reality" of a foreign civil status document is assessed with regard to the criteria of foreign national law and not those of French law. It thus ordered the total transcription of foreign civil status documents drawn up following a surrogacy agreement, even with regard to the intended mother who has not been given birth or the second father.
This reversal of case law has forced the Parliament to return to the case law of the Court of Cassation before its reversal of last December, and therefore, to regulate the recognition of the filiation of children born at the end of a surrogacy agreement carried out abroad. Article 7 of the law n°2021-1017 of 2 August 2021 on bioethics has returned to the state of the law before the reversal of the case law of the Court of Cassation of 18 December 2019 by allowing the transcription of the foreign birth certificate with regard to the father indicated in the act, while prohibiting the transcription with regard to the woman who has not given birth or with regard to a second father, except adoption.
4. Is there a legal definition of the term “surrogacy”? (please specify) Article 16-7 of the civil code, which prohibits surrogate pregnancies, refers to: “any agreement on surrogate procreation or pregnancy”. There is otherwise no definition of surrogacy as such.
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level No
19. Please specify any additional relevant aspects which were not mentioned.
Excerpts from the unofficial translation of the Finnish Criminal Code http://www.finlex.fi/en/laki/kaannokset/1889/en18890039.pdf
Chapter 25 – Offences against personal liberty
Section 3(b) – Unlawful obtaining of consent to adoption (28/2012)
(1) A person who by (1) promising or providing compensation or (2) misleading or by utilization of an error gets another to give the consent referred to in section 10, subsection 1, section 11, subsection 1 or section 13, subsection 3 of the Adoption Act to adoption of a child under the age of eighteen, shall be sentenced for unlawful obtaining of consent to adoption to a fine or to imprisonment for at most two years.
(2) An attempt is punishable.
Section 3(c) – Unlawful arrangement of adoption (28/2012)
(1) If a person other than the one with care and custody of the child or a person other than the provider of adoption advice referred to in section 22 of the Adoption Act or the service provider referred to in section 32 of the Adoption Act places a child under the age of eighteen years with the intent of adoption in a private home to be raised or in another manner arranges for the possibility that someone else adopts the child, he or she shall be sentenced for unlawful arrangement of adoption to a fine or to imprisonment for at most one year.
(2) Also a person who publicly or otherwise among the public circulates an offer to place a child for adoption or takes a child in his or her care with intent of adoption shall also be sentenced for unlawful arrangement of adoption.
9. Is it lawful to advertise surrogacy services?
No. The provision of medically assisted surrogacy services is prohibited as such. Although there is no specific provision in law on the advertising of (illegal) surrogacy services, there are provisions in the Criminal Code, which criminalise unlawful obtaining of consent to adoption and unlawful arrangement of adoption (Chapter 25, Sections 3b and 3c). According to paragraph 2 of Section 3c, also a person who publicly or otherwise among the public circulates an offer to place a child for adoption or takes a child in his or her care with intent of adoption shall be sentenced for unlawful arrangement of adoption.
10. Is it lawful to remunerate a facilitator/surrogacy agency. Not applicable, as medically assisted surrogacy is prohibited as such.
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father Yes
On this last point, it follows from Article 7 of the law n°2021-1017 of 2 August 2021 on bioethics which takes up the case law of the Court of Cassation previously mentioned (1st Civil Chamber, 3 July 2015, No. 14-21.32; JurisData No. 2015-01587) that foreign birth certificates indicating the paternal and maternal filiations, in respect of the mother who gave birth to the child and the intended father, entered on the birth certificate and presumed to be the biological father, may be transcribed in French civil status registers.
Under French law, the mother is the one who gave birth to the child (Article 311-25 of the Civil Code). The intended mother, who by definition has not given birth to the child, can only establish filiation with the child through adoption.
The same applies to the second father who cannot be entered in the child's birth certificate, article 320 of the Civil Code prohibiting the registration of double paternal (or maternal) filiation, except adoption. Paternal filiation with regard to the second father can only be established by adoption.
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? No.
Since surrogate pregnancy is prohibited in France and the only possible exemption enabling a woman who has not given birth to a child to be identified as its mother is full adoption, there is no ad hoc mechanism enabling transfer of a filiation link from the surrogate mother to the intended parent. The only possible exemption enabling the woman who has not given birth to be identified as the mother is therefore full adoption.
Nevertheless, when there is no established filiation with the surrogate mother, and the child accordingly has legally established paternity only, some courts have recently been willing to accept the child's adoption by the father’s partner.
15. Is the existence of a genetic link required for establishing paternity/maternity?
YES: The paternal filiation of a child produced by a surrogate pregnancy will not be recognised in France unless it appears to correspond to the biological reality. It should be noted that the Court of Cassation has not yet ruled on the extent of the verifications to be made regarding a father’s acknowledgement of paternity when the child’s birth certificate is transcribed in France. The question is whether legal evidence of a biological filial link between the man who has registered the child should be required or whether a claimant’s voluntary declaration is sufficient.
NO: On the other hand, the genetic maternal filial link will not be recognised in the case of a surrogate pregnancy resulting from the implantation of oocytes provided by the intended mother: in France the mother is the woman who gives birth to the child (article 311-25 of the civil code).
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother Yes. Case law permits the transcription of the child’s birth registration in France with mention of the maternal affiliation when the surrogate mother is entered on the birth certificate.
b. oocyte donor No
c. sperm donor No
d. intended mother No.
Between the reversal of the case law of the Court of Cassation on December 18, 2019 and the adoption of the law of 2 August 2021 on bioethics, the birth certificate of the child mentioning the intended mother, despite the fact that she has not given birth, has been fully transcribed.
Indeed, the above-mentioned law intended to reverse this case law and allow only the transcription of the birth certificate with regard to the mention of the father of intention (presumed biological).
e. intended father Yes. The Court of Cassation has ruled that the child's paternal filial link, where corresponding to the biological reality, must be entered in the French civil status register.
17. Are foreign birth certificates in surrogacy cases registered in your country. Yes under specific conditions (see reply above).
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No
18. Is there:
a. any public discussion about the topic
Time to time articles appear in the printed as well as electronic media discussing issues of surrogacy, including interviews with surrogate mothers. Some journalists are trying to identify adverse effects of surrogacy, including psychosocial problems of surrogate mothers.
b. planning of new regulation at national level
The first initiative to regulate surrogacy in details was in 2003 as a part of developing new Draft Law on Reproductive Health and Reproductive Rights, which had been submitted to the Parliament of GEORGIA in December 2003. The draft Law has never been discussed by the Parliament.
The last initiative was in 2014, when the Ministry of Justice developed Specific Draft Law on Surrogacy. The draft law was very detailed on the matters of contract, financial issues and rights and responsibilities of intended parents and surrogate mothers. The draft law as a matter of fact envisaged commercial surrogacy as well, as it would give right the surrogate mother to get additional (in addition to the expenses related to pregnancy and medical care) reasonable remuneration.
The national Council on Bioethics of George responded on this matter twice:
Both documents urges for prohibiting Surrogacy because of its unacceptability due to medical, social, moral and ethical reasons.
The conclusion of the NCB of GEORGIA included the following recommendations:
The draft law is not being considered now and has not yet been submitted to the Parliament of Georgia.
19. Please specify any additional relevant aspects which were not mentioned.
Currently there is just one article the Law on Healthcare (adopted in 1997) about surrogacy which specifies two issues:
The text of the above article is given below:
Article 143.
a) treatment of childlessness, presence of risk of transmission of genetic diseases on the part of husband or wife, by use of gametes of spouses or donor or embryo, if there is a written consent of a couple.
b) if a woman has no uterus, by the transfer and raising of embryo received as a result of fertilization to the uterus of other woman (surrogate mother). A written consent of a couple is mandatory.
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) Yes. Infertility because of absence of uterus (woman has no uterus)
b. other criteria (please specify) -
8. Can the surrogate also be the oocyte donor? Not regulated by law
1. Is surrogacy regulated by a specific law in your country? Yes.
The main legal documents regulating surrogacy in Greece are Law 3089/2002, Law 3305/2005, Law 4272/2014 and the Civil Code (Articles 1455-1460).
The first of these laws (L.3089) concerned questions of kinship and inheritance whereas the second law (L.3305) concerned conditions for the establishment and operation of medically assisted reproduction units and cryopreservation banks. Equally important, the second law also provided for the establishment of an independent national authority as well as for criminal and administrative sanctions in the event of violations of the law.
Specifically as regards surrogate motherhood, Article 8 of L. 3089/2002, in order to safeguard the practice of surrogacy, initially provided that only women who have their permanent residence in Greece could act as gestational carriers or commissioning mothers. The new provision included in L.4272 broadens this possibility extending it to women who either have permanent or temporary residence in Greece, without specifying the duration of residence. Although the prohibition of commercial surrogacy still remains in place, the amendment indirectly facilitates “commercial” surrogacy, opening up the market for putative carriers and commissioning mothers from abroad.
2. Is surrogacy regulated in another way? (please specify) No.
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Yes, because court authorization is required before establishing surrogacy (Civil Code, Article 1458).
It should be of note that Greek legislation permits only partial surrogacy: the woman who carries the child cannot be the one from whom the oocytes are provided.
4. Is there a legal definition of the term “surrogacy”? (please specify) According to Article 1458 of the Civil Code, the definition of surrogacy is given as follows: The transfer of fertilized ova to another woman and pregnancy by her.
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) Yes. According to the Greek legislation "The court authorization is issued following an application of the woman who wants to have a child, provided that evidence is adduced not only in regard with the fact that she is medically unable to conceive but also with the fact that the surrogate mother is in good health condition and able to conceive".
b. other criteria (please specify)
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother NA
b. intended parent(s) NA
c. gamete donor NA
d. facilitator NA
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? The National Bioethics Commission (www.bioethics.gr) published in 2013 a Report on the "Control in the field of Medically Assisted Reproduction" after having received complaints about illegal practices in Greece including among other things cases of exploitation of non-resident women (trafficking), in combination with commercialization of oocytes, services of surrogate motherhood and use of illegal drugs.
a. remuneration of the surrogate Yes
b. remuneration of the gamete donor Yes
c. advertising for surrogacy services Yes
d. remuneration of facilitators Yes
e. any other unlawful practices (please specify) Yes
9. Is it lawful to advertise surrogacy services? The law does prohibit advertising of surrogacy services.
10. Is it lawful to remunerate a facilitator/surrogacy agency? According to Greek Law (L.3305/2005, article 13) and article 4 of Decision No 36 of the National Authority on Medically Assisted Reproduction (State Journal 670/β/2008 surrogacy agreements do not include any financial remuneration. The following, however, are not considered as remuneration Payment of pregnancy, childbirth and puerperium costs and losses from work absence. The amount of reimbursement is defined according to the salary that the woman would receive or if, she be unemployed to the hypothetical salary. In any case this cannot exceed the amount of 10.000 Euros in total. The reimbursement is given only if the relevant court order which permits the procedure of surrogacy to begin, has already been issued.
5. Is surrogacy prohibited in your country?
a. any form of surrogacy No
b. only specific forms of surrogacy (e.g. commercial) (please specify) Yes. Only partial surrogacy is permitted in Greece. Full surrogacy and commercial surrogacy are prohibited.
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother -
b. oocyte donor -
c. sperm donor -
d. intended mother Yes
e. intended father Yes
In case the child is born after medically assisted reproduction of a surrogate mother, under the conditions of Civil Code article 1458, it is presumed that the mother is the one who has obtained the Court permission. Declaration to the Birth Registries is done accordingly (Law 344/1976) .
This presumption can be reversed by a legal action contesting the maternity, within six months from the birth of the child. This legal action can be initiated either by the presumed mother or by the surrogate mother, provided that evidence is provided that the child is biologically linked to the latter. The contesting must be proceeded with by the woman entitled to do so personally or by her specially authorized attorney or by the Court permission by her lawful representative. Following the irrevocable Court decision in favour of the legal action, the mother of the child is considered to be the surrogate mother with retroactive effect as from the fact of its birth.
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? No, parentage transfer is necessary, as surrogacy is legal.
15. Is the existence of a genetic link required for establishing paternity/maternity? No. See question no. 13.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother -
b. oocyte donor -
c. sperm donor -
d. intended mother Yes
e. intended father Yes
17. Are foreign birth certificates in surrogacy cases registered in your country. Yes. The Ministry of Interior and Administrative Reconstruction provides instructions for registering the birth of a child born abroad to the relevant Greek Authority. For this, there must exist affiliation with the Greek State of at least one of the parents of the child. When a child is born abroad, either a birth certificate from a Greek Consulate is required or a birth certificate from the relevant authority of the foreign state. If the foreign birth certificate is issued according to a foreign court order, an official translation of this court order in Greek is required as well as a decision of the Greek court accepting the foreign court decision. These are general provisions, not pertaining specifically to surrogacy. In some countries where surrogacy tourism is thriving, it is required that before the beginning of the procedure, the intended parents provide documentation that the state to which they will turn back permits surrogacy and that it can accept the child as the biological child of the intended parents. Nevertheless, as far as Greek citizens are concerned, (e.g. the commissioning parents or one of them) Greek Embassies abroad cannot issue any documents which are not in line with Greek legislation, since Greece requires a court order for a legal surrogate procedure to begin and since it accepts only partial surrogacy. It is likely, however, that as surrogacy is acknowledged by Greek legislation under certain forms and conditions, any such issue will be settled more easily than in countries where surrogate motherhood is absolutely prohibited.
1. Is surrogacy regulated by a specific law in your country? No
2. Is surrogacy regulated in another way? (please specify) Yes. In the Act on Health § 166 sets a restrictive list of special procedures for reproduction. Surrogacy fails to be contained in the list. Consequently, surrogacy cannot be performed in Hungary.
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Yes. Historically, surrogacy was originally (1997) an item in this list, and the list was exemplary. An amendment of the Act was adopted in 1999, skipping surrogacy from the list, and making the restrictive list. This amendment was preceded by a broad professional, juristic and ethic discussion.
4. Is there a legal definition of the term “surrogacy”? (please specify). No. Not in force. Surrogacy (under the name of “dajkaterhesség”) used to be defined originally in § 183. (1) of the Health Act
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
5. Is surrogacy prohibited in your country?
a. any form of surrogacy. No Prohibition not specifically expressed but it cannot be performed legally.
b. only specific forms of surrogacy (e.g. commercial) (please specify)
Yes. Any form of commercial utilization of the human body is prohibited
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) N/A
b. other criteria (please specify) N/A
1. Is surrogacy regulated by a specific law in your country? No specific law, but specific provisions in more general laws
2. Is surrogacy regulated in another way? (please specify) In Act no 55/1996 on Artificial Fertilisation and use of Human Gametes and Embryos for Stem Cell Research
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Court case from 2 March 2016 (Case no E-2488/2015) and court case from 2 July 2015 (Case no E-4732/2014).
4. Is there a legal definition of the term “surrogacy”? (please specify) Yes. Artificial fertilization performed on a woman who intends to carry a child for another woman, and has agreed before the pregnancy to give up the child immediately after birth
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) -
13. Who is recognised as the legal parent(s) of a child born following surrogacy? The legal parent is the biological parent, that is the father. Under Italian law, the mother is the one who gave birth to the child. The partner of the father (the biological parent), can only establish filiation with the child through adoption: the intended mother through L.44/1983, art.44; the same can be applied to the second father, due to ruling No. 38162 of Dec. 30, 2022, Supreme Court of Cassation 's United Civil Section.
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Surrogate pregnancy is prohibited in Italy: there is no ad hoc mechanism enabling transfer of a filiation link from the surrogate mother to the intended parent. The only possible exemption enabling the woman who has not given birth to be identified as the mother is therefore adoption through L.44/1983, art.44.
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes: The genetic link allows the paternal filiation. NO: see answer n.13
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? No, only the biological parents can be mentioned in the birth certificate
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
17. Are foreign birth certificates in surrogacy cases registered in your country No, see answer n.16
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level Yes
19. Please specify any additional relevant aspects which were not mentioned. N/A
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) NA
b. other criteria (please specify) NA
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No
18. Is there:
a. any public discussion about the topic NA
b. planning of new regulation at national level NA
19. Please specify any additional relevant aspects which were not mentioned. NA
13. Who is recognised as the legal parent(s) of a child born following surrogacy? NA
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? No
15. Is the existence of a genetic link required for establishing paternity/maternity? NA
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? NA
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
17. Are foreign birth certificates in surrogacy cases registered in your country NA
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? NA
a. surrogate mother
b. intended parent(s)
c. gamete donor
d. facilitator
12. Subject to the applicable law, are you aware of the following unlawful practices in your country?
a. remuneration of the surrogate No
b. remuneration of the gamete donor No
c. advertising for surrogacy services No
d. remuneration of facilitators No
e. any other unlawful practices (please specify) No
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) NA
b. other criteria (please specify) NA
8. Can the surrogate also be the oocyte donor? NA
9. Is it lawful to advertise surrogacy services? NA
10. Is it lawful to remunerate a facilitator/surrogacy agency NA
13. Who is recognised as the legal parent(s) of a child born following surrogacy? There are no legal provisions on the subject
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? There are no legal provisions on the subject
15. Is the existence of a genetic link required for establishing paternity/maternity? No
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother NA
b. oocyte donor No
c. sperm donor No
d. intended mother NA
e. intended father NA
17. Are foreign birth certificates in surrogacy cases registered in your country no data so far
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
1. Is surrogacy regulated by a specific law in your country? Yes
2. Is surrogacy regulated in another way? (please specify) No
3. Has surrogacy been the subject of jurisprudence/court cases in your country? No
4. Is there a legal definition of the term “surrogacy”? (please specify) No
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) -
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No
8. Can the surrogate also be the oocyte donor? Yes
18. Is there:
a. any public discussion about the topic NA
b. planning of new regulation at national level A Portuguese legislative election was held on 6 October 2019 and it is expected that, after the new Government has been sworn in, Surrogacy will be again debated and a new amendment to the law discussed.
19. Please specify any additional relevant aspects which were not mentioned.
18. Is there:
a. any public discussion about the topic Yes/No
b. planning of new regulation at national level No
19. Please specify any additional relevant aspects which were not mentioned.
Surrogacy in the sense of surrogate mothership in the context of medically assisted procreation is not allowed in Türkiye. Medically assisted procreation is limited to artificial insemination such as IVF techniques and the like, and these are practiced in cases of infertility at certified medical centres permitted / authorised and monitored by the State in line with the concerned Regulation.
In Türkiye the main legal document dealing with the assisted procreation is the Regulation on the application of Assisted Reproduction and the health institutions that practice this (Uremeye Yardimci Tedavi Uygulamalari ve Uremeye Yardimci Tedavi Merkezleri Hakkinda Yonetmelik) (The Regulation).
The Regulation ordains the application of the medical techniques of assisted reproduction and embryo transfer in line with the modern medical technologies and sciences. It also regulates specifications of the practice, duties and responsibilities, physical conditions, terms of certification of the concerned health institutions (whether in the State or at private sector), requirements of the personnel who work there, and the like.
Article 1 states that assisted reproduction and embryo transfer can be applied only to married couples who are not able to procreate in natural way.
Article 4/f states that only expectant mother’s ovum and her husband’s sperm can be fertilized by diverse medical methods and transferred and placed into mother-to-be’s womb through proper medical techniques.
It is added to the Regulation that only married but infertile couples can benefit from assisted procreation services using only their own fertilized oocytes, sperms and zygotes. Couples are also liable to document their infertility meaning that they are unable to reproduce in natural way.
Upon an amendment on 8.7.2005, Article 17 prohibits the use of ova, sperms and embryos harvested from married couples onto other persons or candidates of parents. This Article, prohibits also, the use of ova, sperms and embryos harvested from other persons or candidates for the applicant parents. This Article bans the commercialization of human reproduction cells, as well.
In conclusion, as understood from the Regulation, married couples are strictly forbidden to accept (egg and/or sperm) donation from other persons or to donate their own embryos to other persons, or transfer them to surrogate mother(s). Surrogacy is evaluated as against individual rights and freedoms, common morality and common law (1)
The underlying reasoning of this argumentation lies in the idea of parenthood and familial link stated in the Turkish Civil Code (2). However, the relevant parts of the Civil Code dealing with parenthood or familial link do not ordain assisted procreation and embryo transfer, neither their relevant outcomes are presumed. The Turkish Civil Code (2001) acknowledges the Roman Law principle “Mater semper carta es’’, which has the power of praesumptio iuris et de iure, meaning that no counter-evidence can be made against this principle (literally: Presumed there is no counter evidence and by the law). Its meaning is that the mother of the child is always known. Article 282/1 states that the familial parental link between the mother and the child is set by birth that means legal mother is biological mother. The underlying reason of this is the presumption that there is a biological bond (umbilical cord unifying them) between the bearing and delivering mother with the child who is born (3).
Nevertheless, there seems to be some shortages to be amended to cover the needs of persons regarding emerging new medical technologies and genetics.
Sources
(1) The Regulation http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=7.5.20085&MevzuatIliski=0&sourceXmlSearch=%C3%BCreme (Accessed on 29.08.2016)
(2) The Turkish Civil Code (recently amended in 2013): http://www.mevzuat.gov.tr/MevzuatMetin/1.5.4721-20130711.pdf (Accessed on 29.08.2016)
(3) Sukran Sipka, “Tasiyici annelik ve getirdigi hukuki sorunlar” (Surrogate mor-therhood and the problems brought along with), Cumhuriyet Dergi, 25 February 2007http://www.turkhukuksitesi.com/makale_537.htm (Accessed on 29.08.2016)
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Surrogacy has not been regulated by law in Türkiye, in other words, there is no law or regulation on surrogacy and surrogate motherhood in the sense of assisted reproduction. But the conditions of having a child through assisted procreation have been ordained by law and the allied Regulation mentioned above which do not include surrogacy nor surrogate motherhood.
In Türkiye, embryo is created for procreation, meaning that, it is produced in vitro for fertilization of the married couples who cannot have child in natural way. This procedure has been legalized and it can be done only by the ova and sperms (oocytes and zygots, gametes) of the married couples themselves; they cannot be taken from third parties.
Additionally, embryo is not created by research purposes. The surplus embryos created during the process of assisted reproduction are not allowed to be used for research purposes. The legal regulations concerning stem cell and regenerative medicine are at a preliminary stage and this area needs to be improved and enhanced.
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) No
b. other criteria (please specify) -
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No
8. Can the surrogate also be the oocyte donor? No