"Stop" from the Ministry of Justice on same-sex male attempts for surrogacy

The Ministry of Justice has presented a draft law for Judicial Care, which includes a variety of provisions. Among them is an interpretive provision that clarifies that the inability to carry a pregnancy due to gender does not constitute a medical reason for seeking surrogacy. Minister of Justice Giorgos Floridis explained that this provision came after recent court decisions, clarifying that "men do not have the ability to carry a pregnancy."

According to Floridis, "there were cases in the courts where men, both single and in relationships, sought the approval of surrogacy. First-instance courts accepted these requests, but the prosecutor appealed, and the appellate court said no." He emphasized that "the inability to carry a pregnancy is not a gender issue; it is a medical issue that applies to women who can carry a pregnancy but cannot due to certain medical reasons."

The purpose of this amendment is to combat trafficking, as foreign women come to Greece to use surrogacy for third parties in exchange for large sums, beyond the amounts specified by law. Floridis stated that this provision has a "deep humanitarian character" since "Greece is at risk of becoming a trafficking hub for surrogates due to the previous interpretation."

Ministerial Accountability & Statute of Limitations for Ministers
Simultaneously, the draft law addresses the statute of limitations for ministers’ criminal accountability. Following the 2019 amendment to the Constitution, the limitation period for misdemeanors is now 5 to 8 years and for felonies, 15 to 20 years. Floridis stated that this is a "legally redundant regulation" but necessary to prevent public discussions on the matter. The provisions clarify that this change does not apply retroactively to ongoing cases.

Other Provisions
Additional provisions in the draft law include:

• Abolishing age limits for notaries, and raising the age limit for judicial officers to 50, with a retirement age of 70, if desired.
• Modifications in the examination process for judicial candidates to ensure practical evaluations.
• Implementation of digital tools for judicial processes, including electronic notification of judicial status.
• Establishment of independent offices for the protection of minor victims in each appellate jurisdiction.
• Introduction of a new legal provision for the immediate publication of data on dangerous suspects, improving public safety.
• Expansion of provisions for support of third-child and large families.

These changes aim to improve the judicial process, public safety, and societal protections.

Source: Paratiritis