Unit:
Κατεύθυνση Αστικό Δίκαιο και Νέες ΤεχνολογίεςLibrary of the School of Law
Supervisors info:
Χριστίνα Σταμπέλου, Καθηγήτρια Νομικής Σχολής Αθηνών
Δήμητρα Παπαδοπούλου, Καθηγήτρια Νομικής Σχολής Αθηνών
Ιωάννα Κονδύλη, Επίκουρη Καθηγήτρια Νομικής Σχολής Αθηνών
Original Title:
Η Παρένθετη Μητρότητα ως Δυνατότητα Απόκτησης Τέκνων από Μοναχικούς Άγαμους Άνδρες και Ομόφυλα Ζεύγη
Translated title:
The Surrogate Motherhood as a Means through which single unmarried men and homosexual couples could have children
Summary:
This dissertation deals with the method of surrogate motherhood as a means through which single unmarried men and homosexual couples can acquire children. This theme is of particular interest as it raises a very modern issue, which addresses fundamental structures of family law such, namely family formation and affiliation.
In the first part of the present work the specific method of medically assisted reproduction is developed from a more general perspective as well as its implementation within the Greek legal order. The requirements of the relevant provisions of the Civil Code are analyzed. On one hand the general ones concerning all methods of artificial insemination and on the other hand the specifics concerning the method of matrix lending. Reference is also made to the constitutional safeguarding of artificial insemination and to the moral dilemmas that have arisen over surrogate motherhood.
The second part concerns the single unmarried man's recourse to surrogate motherhood, which is, in principle, excluded from Greek law. Against this attitude of the Greek legislator there are, for sure, objections, which are analyzed in this chapter. A particular reference is also made to two novel judgments of Greek case law, where the competent for this case Judge accepted the application of a single unmarried man for recourse to surrogate motherhood by applying a total ratio of law.
The third part focuses on homosexual couples and their exclusion from surrogate motherhood. The foundation of such right is even more difficult than the case of the single unmarried man. This chapter develops both the most conservative views and the most progressive ones, taking into account the child's best interests.
Finally, a comparative overview of the application of the method is made.
Main subject category:
Law and Legislation
Other subject categories:
Civil Law
Keywords:
Surrogate motherhood, Single unmarried men, omosexual couples
