Greek same-sex marriage law could face court challenges over surrogacy exclusion, experts warn

Members of the public and rights organizations attend the Greek parliamentary debate that saw lawmakers vote through same-sex marriage, on Thursday. Experts warn that the law, which excludes same-sex couples from parenthood through surrogacy, could face legal challenges. [Louisa Gouliamaki/Reuters]

A new law in Greece allows same-sex couples to marry but excludes them from future parenthood through surrogate mothers, which could lead to it being challenged in court, according to legal experts.

"A blanket measure that excludes same-sex couples from surrogacy when opposite-sex couples enjoy this right in Greece is, in principle, discriminatory," says Vassilis Tzevelekos, reader in law (associate professor) at the University of Liverpool School of Law and Social Justice, asserting that the legislation might eventually face challenges before the European Court of Human Rights (ECtHR) in Strasbourg.

The bill passed with 176 votes in favor and 76 against in the 300-seat Parliament on Thursday. It was not supported by the more traditionalist faction of New Democracy, with 51 MPs from the ruling party voting against or abstaining, so support from four opposition parties...

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