The Justice Ministry in Greece is putting an end to the possibility of male same-sex couples to become parents via a surrogate mother. With a legislative regulation, the Ministry of Justice prohibits the possibility of parenthood through a surrogate mother by same-sex male couples or single men.
With a special provision in a multi-bill of the ministry, an amendment is made to the relevant chapter of the Civil Code concerning family law, so that male same-sex couples cannot have children through a surrogate mother.
As stated in a relevant announcement by the ministry, “with regard to medically assisted reproduction by transferring eggs to the body of another woman, significant interventions are being made.
The inability to conceive due to gender does not constitute a medical inability to conceive within the meaning of this article and
The court permission is valid as soon as the court decision granting it becomes irrevocable”.
Although the legislation does not provide for the possibility for same-sex couples to became parents through medically assisted reproduction methods (surrogacy), nevertheless, there have been courts that have issued contrary decisions on this issue.
Justice Minister Giorgos Floridis clarified, it now becomes clear that “men do not have the ability to conceive.”
According to the minister, “we had male refugees in the courts, both single and in a couple situation, and they requested permission to adopt via a surrogate mother. The first instance court accepted them, the prosecutor appealed and the court of appeals said no”.
He stressed that “the concept of inability to conceive is not a gender issue. A woman who can conceive but for some medical reasons cannot is considered to be unable to conceive”.
According to Minister Floridis, this interpretative regulation has a “deeply humanitarian character” as “Greece risks becoming a country of trafficking in surrogate mothers with the previous interpretation.”
The first angry reaction came from a human rights lawyer who posted on social media that the regulation “is the DEFINITION of a violation of the principle of gender equality.”
He threatened with appeals and compensations for this violations of citizens’ human rights.
Ο επιχειρούμενος νομοθετικός αποκλεισμός των ανδρών από την πρόσβαση στην ιατρικώς υποβοηθούμενη αναπαραγωγή με την μέθοδο της παρένθετης κύησης, μόνο και μόνο για να αποκλειστούν τα ομόφυλα ζευγάρια ανδρών, ενώ ΕΠΙΤΡΕΠΕΤΑΙ για τις γυναίκες να προσφεύγουν σε παρένθετη κύηση,…
— Sotiropoulos (@Sotiropoulos) April 1, 2025
“The attempted legislative exclusion of men from access to medically assisted reproduction through the method of surrogacy, just to exclude same-sex male couples, while women are ALLOWED to resort to surrogacy, is the DEFINITION of a violation of the principle of gender equality.
This time, the said violation, if voted, will have a name.
And in this name, the allocations of the financial compensations that will be awarded to the detriment of the Greek State will then be sought.
We will not all pay together for the violations of each and every minister and each and every member of parliament who legislate against the human rights of citizens.
They will pay from their own pockets and if they do not have any, their assets will be seized, according to the law on imputation and public accounting.
The joke with the fans of Trump, Meloni, Orban and Le Pen is over.”
