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The legal framework for
the IVF treatment in Greece
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:
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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.
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Oocyte and sperm
donation is allowed, however with the written consent of the wife/
husband or partner.
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Preimplantation
genetic diagnosis is allowed upon consent of partners in order to
diagnose whether embryos demonstrate genetic malformations.
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Selection of gender
is prohibited, unless to avoid a serious hereditary disease
transmitted with gender.
-
Cloning for
reproductive purposes is prohibited.
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Cryopreservation of
genetic material or fertilized oocyte is permitted.
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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.
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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.
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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
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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.
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