There is often considerable uncertainty surrounding the subject of surrogacy in Cyprus, particularly with regard to who may act as intended parents, who may serve as a surrogate, and which practices are permitted under the existing legal framework. In reality, the law establishes a clear and structured system, supervised by multiple competent authorities, designed to safeguard the integrity of this sensitive process and ensure the protection of all parties involved in bringing new life into the world.

Primarily, the key term to be explained is surrogate. A surrogate is the person that carries the embryo for the benefit of intended parents, who may be married couples, couples in a cohabitation agreement, couples in a permanent and stable relationship, and, since the 2023 amendment of Law 69(I)/2015 that frameworks the procedure of surrogacy, single women. Prospective parents, as well as the surrogate mother, must, in principle, have their permanent residence in Cyprus, with the reservation of exceptions provided for by law.

There are two forms of surrogacy: full (gestational), where the surrogate has no genetic link to the child, and partial (traditional), where the surrogate’s own egg is used. Only full surrogacy is permitted in Cyprus, where the genetic material is extracted by either the intended parents or donors.

Law 69(I)/2015 provides a three-step procedure in order for the surrogate pregnancy to be carried out. First, an application must be made to the supervising body for the surrogacy process, the Council for Medically Assisted Reproduction, for applicants must prove their medical inability to conceive and undergo psychological evaluation. The second step to requesting surrogacy is a court application for a surrogacy court order to be issued, that will ensure the intended parents’ legal recognition of the potential child retrospectively from conception. Last, there is the surrogacy agreement, namely a written contract, between the intended parents and the surrogate and her husband, if she is married, covering expenses and confirming the surrogate’s lack of parental rights over the child to be born.

Prohibited practices in Cyprus include commercial surrogacy, punishing fee-paid surrogacy services with imprisonment for a year and/or a fine up to €50,000. Any advertisement of this procedure is also forbidden, as well as partial surrogacy. Same-sex couples and single men are excluded from this medical practice, as highlighted in the recent case of a British couple whose arranged surrogacy with a clinic of ambiguous legality gained traction, leading to an official complained filed with the police and raising the concern of the Health Minister.

In the light of the above, it can be concluded that Cyprus offers a clear, court-supervised framework that protects surrogate mothers while providing intended parents a secure path to parenthood.