Both French and Greek Law allow medically assisted reproduction. However, both jurisdictions differ considerably with respect to the methods they allow. For instance, French Law does not recognise surrogacy. In contrast, Greek Law allows surrogacy agreements providing that any financial agreement between the parties (the prospect parents and the surrogate mother) is excluded. The explanatory note of the first law establishes an “individual right to reproduction”, which is also constitutionally protected. In opposition to Greek Law, French Law does not establish a “right to reproduction”. Rather, legal methods of medically assisted reproduction in France fall under the protection of public health. This intervention attempts to demonstrate that even if surrogacy in Greece takes the form of an individual reproductive right, limitations imposed on its exercise do not differ from limitations imposed by public law on personal liberties on grounds of public order.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels