Legal Requirements for Surrogacy in Cyprus

Surrogacy is a treatment where a woman that is referred to as the surrogate, has access to get pregnant and carry a baby for a couple or single parents called the intended parents or parent. The terms of the surrogate are usually agreed beforehand in a surrogacy contract. This contract will dictate the responsibilities, as well as the expectations of each party. It is important to understand the legal requirements for surrogacy in the country of choice especially when considering Cyprus.

Surrogacy treatments are a good option for couples that have exhausted all other fertility treatment options but are still desirous of a baby that is genetically related to them. However, surrogacy is a very controversial topic, subject to different regulations in different countries, from outright bans to strict restrictions to fewer regulations and, in some cases, no regulations at all. Intended parents in countries with unfavourable surrogacy laws usually seek other countries in order to achieve their surrogacy dreams.

Legal aspects of surrogacy in Cyprus

Quite unlike a lot of other countries globally, surrogacy in Cyprus is much more lenient and even liberal with how it is regulated. This means that there are no strict regulations that govern the surrogacy treatment. However, the contract or surrogacy agreement that is made between the intended parents and the surrogate is normally binding and is usually drafted with respect to the general laws of Cyprus. This is why it is important to seek legal advice before entering into any contract or agreement, both on the side of the intended parents and the surrogate. 

The legal custody and parenthood of the baby are established through a court order or, in some cases, by voluntary acknowledgement. The consent of the surrogate is also crucial as she is deemed as the natural mother rather than the will of the intended parents or their genetic relationship to the baby. Usually, after three months of the birth of the child, the surrogate will declare her willingness to renounce her motherhood to the child and allow the intended parents power to adopt the baby. The intended parents thus become the legal parents of the baby. 

However, in some instances where the surrogate decides to keep the baby to herself, she can after at least three months of the birth, express her will freely under the Cyprus adoption law. This will result in the intended parents not getting custody of the baby. Local heterosexual couples can then under the surrogacy agreement appeal to the court to enable them to adopt the child. However, this usually only occurs in rare instances; Cyprus is a very good location for surrogacy treatments. This especially applies to international intended parents who are seeking surrogacy treatments in favourable countries. Some of the reasons why Cyprus is a good location for surrogacy, as well as egg donation and other forms of assisted reproductive techniques include:

• Cyprus is a very affordable place to carry out all forms of ARTs including surrogacy and IVF treatments. They help to economize the procedures to a very reasonable extent
• Cyprus has affordable but high living standards. This implies that the intended parents will not spend much on excellent services and high-quality treatments.
• Cyprus is a wonderful vacation destination due to their all year round favourable weather conditions. This makes it easier for the intended parents to relax and enjoy the process.

Cyprus, as a country, has very high success rates for surrogacy as well as other forms of 

• ARTs
• The lack of strict regulations also means that intended parents can get the treatment that they require without encountering too many legal hassles and restrictions.

Finding a surrogate in Cyprus

This can prove challenging, especially for international intended parents, as they are not familiar with the country. One of the best ways to find a surrogate requires working with an IVF treatment facility. The right facility will aid the process and help point to the right place to search or even provide suitable candidates. They usually have access to the methods and ways to simplify the process as much as possible for the intended parents.

Also, using the right facilities will put an assurance to the proceedings. For example, the phenomenon where the surrogate reneges on the deal is usually avoided. This is because the surrogacy agreement drafted will place an ethical agreement between all the parties to make sure the desired result is agreed on. It is also good for the intended parents to have a checklist of qualities that they require when selecting a surrogate. But some of the important criteria that will inform the selection include:

• The surrogate must be healthy mentally, physically and psychologically
• She must be between the ages of 21-39
• She must have had at least one successful pregnancy before becoming a surrogate
• She must not be obese or anorexic
• She must not be an alcoholic
• She must not abuse drugs
• If she’s a smoker, she must quit before the surrogacy process
• She must not have any history of serious diseases or any ongoing illness

How is the surrogacy treatment done in Cyprus?

Firstly, before the commencement of the entire process, the intended parents and the surrogate undergo a series of tests to determine if they are fit and suitable for the treatment. These include blood tests, gynaecological examinations, psychological and mental evaluations. These tests are necessary because the surrogacy process takes a toll on all the involved parties, both emotional and physical. The treatment, when started, is planned on the cycle of the surrogate. Her uterus is also prepared for pregnancy through hormonal treatments. 

If the surrogacy is gestational surrogacy, the sperm and the eggs are obtained from the intended parents or donors. They are used to create an embryo in the lab. The embryos are then grown for a few days and tested before they are implanted into the surrogate’s uterus via embryo transfer. In the case of traditional surrogacy, the surrogate is artificially inseminated with the sperm from the intended father, resulting in pregnancy. Ultrasound scans confirm the pregnancy, and the surrogate carries the baby for nine months. During delivery, the intended parents usually want to be present at the hospital to witness the birth. The surrogate is then discharged from the hospital, and they all go home.