The Minister of Justice George Floridis legislated the possibility of homosexual couples man or lonely men to be able to get child via Maternity surrogate.
With Special arrangement in a bill of justice ministry There is amendment to the Civil Code chapter (Article 1350) concerning family law. According to the amendment, homosexual men’s pairs They are deprived of the right to parentality through surrogate motherhood.
According to the Ministry of Justice “Concerning medically assisted reproduction with the transfer of eggs to another woman’s body, there are significant interventions.
1. It does not constitute a medical inability to pregnancy within the meaning of the present the inability to pregnancy due to gender and
2. The judicial authorization shall apply as soon as the judicial decision that provides it becomes irrevocable. ‘
The legislation, although it does not provide for the possibility of homosexual couples to adopt medically assisted reproduction methods (surrogate motherhood), nevertheless, there have been courts that issued opposing decisions on this matter.
Yet, The purpose of the amendment is to intercept the trafficking On the subject of what has become dimensions. Foreigners, they come to Greece, say that they are alone inhabitants and through the surrogate motherhood they have children for third parties for high pay, beyond that by law.
According to G. Floridis, this interpretive arrangement is “deeply humanitarian” as “Greece is in danger of becoming trafficking with surrogate mothers with the previous interpretation.”
The surrogate motherhood is the adoption that a woman agrees to give birth to other people who will become the parents of the child who will be born.
That is, a couple who wishes to have a child (aspiring mother) ‘Borrows’ another woman’s womb (surrogate) to the body whose fertilized egg is transferred from the couple. The whole process requires a previous issue of relevant judicial decision.
On the responsibility of ministers
At the same time, as Mr Floridis pointed out, “in order to have no doubt about the issue of the depreciation deadline for the criminal liability of the ministers stated in Article 3 par. A revision of Article 86 held in the revision of the Constitution in 2019. “
In other words, with the new provision, the limitation on ministers’ offenses will be 5 to 8 years for the offenses and 15 to 20 for crimes, as applicable to offenses for all citizens.
“This is a legally unnecessary regulation, but it is good to have any discussion in the public sphere,” G. Floridis said, adding: “In the cases pending from the Constitution at this time there is no issue retroactivity.” For his part, the Deputy Minister John Bougas He said: “There is no doubt that Article 86 (4) of the Constitution is implemented by 2019”.
The Ministry of Justice also accepted the proposals of its administrative plenary Supreme Court and the CoE, and brings changes in the way the leaderships of the Supreme Courts are highlighted, such as that the ballots must have at least 3 candidates, etc., etc.
In addition, the provision of immediate power provides for the issuance of a prosecution order, which will order the disclosure of public classroom data and the security of a wanted perpetrator of violence (wanted). “Covering, thus a significant gap in the purpose of public order and security of the citizens,” as Mr Floridis said.
For his part, Deputy Minister of Justice Ioannis Bougas pointed out that the bill “attempts to reform the institutional framework for the protection of people under the status of judicial support, with the aim of modernizing the institution and adapting the country to international standards”.
According to a statement from the Ministry of Justice, with the bill:
1) There is a significant change in the way in which the prospective judicial officers are examined, examining them in the processing of an appeal or instrument (indicative action, appeal, appeal, request for cancellation, pre -trial case management or criminal proceedings, etc.). The high level of admissions are ensured by the evaluation of their necessary critical abilities by processing and examining specific documents rather than practical matters as if they were at the university.
2) Increase in the final degree of success in the competition of judicial officials, provided that candidates have a permanent resident in areas where there is a great need such as island areas and border or declare that they wish to appoint them to one of these seats, committing to at least one seats.
3) With regard to the obstacle of locality of judicial officers, it is clarified that they apply to the Court of Appeal level.
4) Applicable additions to the article to highlight the leadership of the Supreme Courts, a landmark for the rule of law we voted on last year. These additions are made following proposals by the administrative plenary of the AP and the CoE.
5) The following provisions relate to the encouragement of the former peacekeeping and already in -court special annual year, to join the General Yearbook, predicting that they are not postponed to the General Yearbook for a three -year period without their request, as their inclusion is not promoted.
6) There is another step in digitizing justice and improving the daily lives of its factors, with the performance of judicial officers with electronic means of their service status.
7) Provision of the payroll status of former peace and courtesies already
Special Yearbook, with full registration of their financial rights.
8) It is foreseen to set up independent minor victims’ offices in each Court of Appeal, and to date the law with the nominal establishment has not enabled entire Court of Appeals not to have a child’s home, for example in Thessaly.
9) Provision of an immediate power prosecution order, which will order the publication of public classroom data and the security of a wanted perpetrator of violence. An important gap is covered towards the purpose of public order and security of citizens.
10) The right to appeal by the Prosecutor of Appeals to the Judicial Council, under the provision of restrictive terms of the investigator.
11) Land mediation in cases with a defendant non -individual (Local Government Organizations or Legal Entities of Public Law).
12) Establishment of the position of communication consultant for the auxiliary press and assist the work of communication of the Supreme Courts and the Supreme Court Public Prosecutor with the public information factors.
13) Provisions to strengthen the three -child and multiple children.
The triple as well as the many children who succeed in the School of Judicial Officers will serve at the place they want.
14) Concerning medically assisted reproduction with the transfer of eggs to another woman’s body, there are significant interventions. 1. It does not constitute a medical inability to pregnancy within the meaning of the present the inability to pregnancy. 2. The judicial authorization shall apply as soon as the judicial decision that provides it becomes irrevocable. ‘
15) Changing the age limits to notaries (abolition of a maximum age of participation in the competition) and the bailiffs (increase in a maximum of 50 years of age and an increase in withdrawal threshold, if wishes, to the 70th year.
16) In order to have no doubt about the issue of the depreciation deadline for the criminal liability of the ministers labeled in Article 3 par. In any case, it is not valid after the revision of Article 86 held on the revision of the Constitution in 2019.