Taking a Sneak Peek into the Legal Challenges Involved during Surrogacy in Cyprus!
Surrogacy in Cyprus is a dream come true for many intended parents around that were otherwise been struggling with their parenthood aspirations. Now, being an overseas parent, it is your duty and responsibility to make yourself aware of every challenge and complications that may come across on e your way during surrogacy in Cyprus.
Well, just to make it a bit easier for you, we have hereby listed all the key facts and considerations regarding the surrogacy laws in Cyprus. As per surrogacy laws in Cyprus, the couple trying to conceive using surrogacy is regarded as the child's parents and as such has all the legal rights and obligations that this status entails. The gestational mother, also referred to as a surrogate mother, on the other hand, has no parental or other legal obligations to the child.
What surrogacy laws in Cyprus say?
The Application of Medically Assisted Reproduction Law of 2015 (L.69(I)/2015) as amended by Laws L.194(I)/2015, L.92(I)/2016, and L.113(I)/2018, collectively referred to as the Law ("the Law"), governs the surrogacy procedure in Cyprus. Below is a summary of the Law's main provisions.
Couples who are married or who have a committed, long term relationship are eligible for the surrogacy procedure (referred to as "the applicant couple"). A couple must demonstrate that they are interested in surrogacy either because they are medically unable to conceive or because they want to protect the child from the transmission of a serious illness in orders to be considered as applicants.
A three step process called surrogacy begins with an application to the Council for Medically Assisted Reproduction (referred to as "the Council"). If certain
met,
Council
give its written consent. Important requirements include, among others:
that the intended mother is medically unable to conceive
confirmation that the surrogate mother is healthy enough to carry a child given her general state of health
the delivery of a report by a licensed psychiatrist assessing the mental health of the prospective parents and the surrogate mother
that the applicant couple and the surrogate mother have not been convicted of crimes under the Law on Prevention and Suppression of Sexual Abuse, Child Sexual Exploitation, and Child Pornography, as well as the provision of a signed statement stating that all parties involved consent to the surrogacy method and that no financial consideration has been given by the applicant couple to the surrogate mother.
Other key legal implications regarding surrogacy in Cyprus
Regarding the requirement in the aforementioned point (vi), the Law was changed in 2016 to include a backup option in situations where it is established that it is impossible to locate a woman willing to undergo the surrogacy procedure who has permanent residence in Cyprus.
In these situations, the Council may, at the request of the applicant couple, permit the surrogacy procedure to be carried out with a surrogate mother whose permanent residence is outside of Cyprus, so long as she travels to Cyprus from the 28th week of her pregnancy and remains there until the baby is born, unless medical complications prevent her from traveling to Cyprus at all.
A court application for the issuance of a surrogacy court order is required for the second stage of the process. Moreover, the court will issue such an order once it is satisfied that the applicant couple has obtained the Council's written approval.
The court may impose any conditions or guidelines that it deems necessary for the order's successful execution and the accomplishment of its intended goals.
The third stage of the surrogacy procedure entails the signing of a written contract ("the surrogacy agreement") between the applicant couple and the surrogate mother and her husband, if she is married. The contract must, among other things, contain the following crucial clauses:
The applicant couple will bear the costs of prenatal care (including surrogate mother cost in Cyprus)
Prior to the embryo being implanted in the surrogate mother, a letter of guarantee will be issued by the applicant couple for a period of 11 months, with the effect of covering the costs of prenatal care, childbirth, and postpartum care.
The surrogate mother will not be the parent of the child; the applicant couple will be considered the child's parents from the moment of conception and implantation in the womb.
The offer or acceptance of any payment for participating in the surrogacy process or the receipt of any payment to facilitate the conclusion of a surrogacy agreement constitutes commercial negotiation.
Although intended parents must bear the surrogate mother cost in Cyprus, they cannot pay the surrogate mother directly in this regards
Furthermore, the Law expressly forbids the advertisement, publication, and distribution of a surrogacy advertisement. The overseeing body charged with keeping an eye on everything related to the surrogacy process, ensuring compliance with the Law, and suggesting amendments to it is the Council for Medically Assisted Reproduction.