Under Greek law (Civil Code, Articles 1455-1487, Greek Government Gazette), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 1455).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 1456) or if he acknowledges paternity (Article 1460). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 1465).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Article 1465), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In Greece, assisted reproduction is regulated under Law No. 3305/2005 on Medically Assisted Reproduction (Νόμος 3305/2005, Greek Government Gazette). “Donor-assisted human reproduction” (DAHR) involves donated gametes used in licensed clinics (Article 3). Note: Informal sperm donation outside clinical settings is prohibited and considered illegal under this framework.
DAHR is permitted for married or cohabiting heterosexual couples and single women (since 2014). Same-sex couples are excluded, reflecting conservative policies. Donors can choose anonymity or identifiability—children can access donor information at age 18 if the donor opted for identifiability (Article 8).
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with Law No. 3305/2005 (Article 4). The intending parents are recognized as legal parents at birth (Article 3). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Article 1456 or 1465), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Greek law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may intervene based on intent or involvement.
Surrogacy:
Surrogacy is permitted in Greece under Law No. 4277/2014 (Νόμος 4277/2014, Greek Government Gazette), but only altruistic surrogacy is allowed for heterosexual couples or single women over 35 with medical necessity. Commercial surrogacy is prohibited. The intending parents are recognized as legal parents if a court approves the arrangement (Article 3).
International surrogacy arrangements are recognized if compliant with Greek law, though enforcement is strict.
Parentage Agreements:
In regulated DAHR, parentage is formalized through consents at fertility clinics, with intending parents recognized at birth registration (Article 3). Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing in Greece. Courts may need to intervene under the Civil Code (Article 1465) to establish or contest paternity if disputes arise.
Informal arrangements carry significant legal risks, as Greek law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.