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Motherhood is a significant milestone in every woman's life, but for some, the journey to having biological children can be challenging. Due to medical conditions or infertility, many women and couples find themselves unable to conceive naturally. Surrogacy has emerged as an important solution for those who are unable to carry a pregnancy themselves. But what does the legal framework around surrogacy look like in Cyprus? We spoke with lawyer Mikaelena Kokkinou to gain a better understanding of the surrogacy laws in Cyprus and the process involved.
What is the Law on Medically Assisted Reproduction?
The law governing medically assisted reproduction in Cyprus is the Law on the Application of Medically Assisted Reproduction (Law 69(I)/2015). This law is designed to assist couples and single women who are unable to have children naturally due to medical reasons or who want to prevent the transmission of serious diseases to a child. The law provides a legal framework for treatments like in vitro fertilization (IVF) and surrogacy.
Who Can Use Surrogacy in Cyprus?
Surrogacy in Cyprus is available to adult individuals, including couples and single women, up to the age of natural reproductive capacity—meaning the woman must be between 18 and 53 years old. The law ensures that surrogacy is an option for those who need it, while also setting clear age and health guidelines to ensure safety for both the surrogate and the intended parents.
What Exactly Is Surrogacy?
When we talk about surrogacy, we refer to a process where a woman carries and gives birth to a child for another individual or couple. In the case of gestational surrogacy, which is the type practiced under Cypriot law, the surrogate mother carries an embryo created via IVF using genetic material from the intended parents or a donor. The surrogate mother does not provide her own egg, ensuring that the child is genetically related to the couple or single woman seeking to have a child.
The Legal Process for Surrogacy in Cyprus
The process of surrogacy in Cyprus is regulated to ensure that all parties involved are in agreement and that the procedure is carried out with legal and medical safeguards. According to the law, before a woman can become a surrogate, the intended parents must first apply for approval from the Council for Medically Assisted Reproduction. This approval is only granted after certain conditions are met:
1. There must be medical evidence that the woman cannot conceive naturally.
2. The surrogate mother must be deemed healthy enough to carry a pregnancy to term.
3. The eggs used for IVF must come from the intended mother or a donor, not from the surrogate.
4. A formal agreement must be signed by both the intended parents and the surrogate mother, stating that there will be no financial compensation beyond medical and reasonable expenses.
5. All parties must undergo psychological evaluations by a registered psychiatrist to ensure they are mentally prepared for the surrogacy process.
6. A clean criminal record is required to ensure that neither the surrogate mother nor the intended parents have a history of certain offenses.
Once the Council’s approval is granted, the couple or single woman can apply to the court for a Surrogacy Order, which authorizes the transfer of embryos into the surrogate's uterus. This order must be obtained before the embryos are implanted.
Who Pays for the Surrogacy Process?
The intended parents—whether a couple or a single woman—are responsible for covering all costs associated with the surrogacy process. These expenses include:
- The IVF procedure, medications, and fertility treatments.
- Pregnancy-related costs, such as prenatal care, monitoring, and screening.
- Costs associated with childbirth and postnatal care.
- Any loss of income for the surrogate mother due to her absence from work during the pregnancy and recovery period.
Additionally, if there are any complications after birth, the intended parents must cover the costs of any medical treatment related to those complications, provided they are properly documented.
The maximum amount that can be reimbursed for these expenses, and the duration of financial support, is determined by a decree from the Minister of Health.
Why is Surrogacy Regulated?
The strict legal framework surrounding surrogacy in Cyprus aims to protect all parties involved, especially the child. The laws are designed to prevent future disputes over the maternity of the child and to ensure that both the surrogate mother and the intended parents are physically and psychologically prepared for the process. By requiring written agreements and thorough medical and psychological evaluations, the law ensures that surrogacy is a safe, ethical, and transparent process.
Consequently, surrogacy can be an invaluable option for individuals or couples who are struggling with infertility or other medical conditions that prevent them from having biological children. In Cyprus, the legal framework ensures that surrogacy is carried out ethically and transparently, with clear safeguards in place to protect both the surrogate and the intended parents.
As Mikaelena Kokkinou explained, "The legal process surrounding surrogacy in Cyprus is detailed and designed to ensure that all involved parties—especially the child—are treated with care and respect." For those considering surrogacy, it is important to fully understand the legal and medical steps involved to ensure the process goes smoothly.
With the proper legal safeguards in place, surrogacy in Cyprus offers a potential solution for many who dream of having a family, providing hope for those who may not have other options.
