Unit:
Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών ΣυναλλαγώνLibrary of the School of Law
Author:
Mitropanos Stefanos
Supervisors info:
Χρυσαφώ Τσούκα, Αναπληρώτρια Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Ελένη Μουσταΐρα, Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Αναστάσιος Γουργουρίνης, Λέκτορας, Τμήμα Νομικής, ΕΚΠΑ
Original Title:
Ιατρικώς Υποβοηθούμενη Αναπαραγωγή: Προβλήματα Ιδιωτικού Διεθνούς Δικαίου (Η περίπτωση της παρένθετης μητρότητας)
Translated title:
Medically Assisted Reproduction: Issues on International Private Law (The case of surrogacy)
Summary:
The present thesis focuses on a medically assisted reproduction, surrogacy, which was
firstly introduced in a pioneer way for the world standards by the Greek legislation with
the law 3089/2002. Provisions of the abovementioned law were further specified with
the law 3305/2005.
In the first part of the thesis, the conditions set by the Greek law for the legal use of this
method are presented in detail, as well as its results. Afterwards, a comparative law
overview of the legislative approaches of several other states, European and nonEuropean, to the issue is attempted.
In the second part, the cross-border aspect of surrogacy is introduced, and the causes,
as well as the problems caused by this phenomenon, in terms of the child's legal
parentage and its citizenship are analyzed (two issues dealt in different ways by each
state deals for its citizens). The main approaches of the phenomenon, from the point of
view of international private law, are pointed out, with emphasis on the recognition of
foreign court decisions or acts or legal situations. The contribution of the case law,
mainly of the ECtHR (and the CJEU), to the evolution of the treatment of the
phenomenon by the national judge of the Member States of the Council of Europe is
pointed out. Finally, reference is made to the joint effort of states to formulate rules of
international uniform law, mainly through the Hague Conference, as the appropriate
way of responding to this phenomenon.
Main subject category:
Law and Legislation
Other subject categories:
Private international law
Keywords:
reproduction, assisted, medically, surrogacy, cross-border
