Greece is set to ban having children via surrogacy for single gay men, and same sex male couples. Is Europe and the world going to follow suit? How does this affect Canada?
By Richard Holman
Greece has moved to ban surrogacy for single men and gay male couples in the country, despite legalizing same-sex marriage and adoption just last year. Greece made headlines in February 2024 when they became the first Orthodox Christian-majority country to legalize marriage equality.
“We are now clarifying unequivocally that the concept of inability to carry a pregnancy does not refer to an inability arising from one’s gender,” said justice minister Giorgos Floridis. “In other words, a woman may be unable to carry a pregnancy whether she is in a male-female couple, a female same-sex couple or on her own.”
Greece’s surrogacy ban and LGBTQ+ rights
I’m sure I’m not the only one who thinks about Greece as a destination for us gays – it’s not just a stunning tourist spot but also a known safe space for us to travel to. Mykonos, in particular, is super famous for how welcoming it is to the LGBTQ+ community, especially its nightlife and all-around inclusive vibe. It’s one of the most gay-friendly places out there, with Super Paradise Beach being a top hangout for gay men visiting or traveling around the island. Athens isn’t far behind either, with gay bars scattered around in its own gay neighborhood, Gazi. And then there’s Lesbos – not to be confused with “Lesbian” – known for the poet Sappho. It’s a popular spot, especially for lesbian women (ironic), but it also draws a diverse crowd, particularly by us in the LGBTQ+ community.
That’s why it comes as such a shock that just recently, Greece announced a ban stopping gay men – whether single or in a relationship – from having children through surrogacy. It was only days ago that Greece’s new surrogacy ban was made public, and it’s hard to ignore how it feels like a big step back. Justice Minister Giorgos Floridis said the change is meant to clear up some legal gray area about “inability to carry a pregnancy,” essentially suggesting that gay men shouldn’t have the right to access surrogacy. The law specifically says “inability to carry a pregnancy” refers to biological factors, not gender, so it excludes men from the process.
It’s especially surprising when you think about how Greece just legalized same-sex marriage in 2024, becoming the first Orthodox Christian-majority country to do so. So, yeah, it’s not exactly shocking that there’s still a bit of a tug-of-war around the idea of gay couples having kids.
Canada’s surrogacy laws for gay men & the 2SLBTQ+ community
In contrast to what is happening in Greece, Canada has legalized surrogacy for gay Canadians since 2004, with provincial regulations in place. This means that while surrogacy is legal, there are still hurdles. In fact, the United States has a stronger and much easier surrogacy policy that actually puts ours to shame. This is because the only type of surrogacy allowed in Canada is called altruistic surrogacy. This means you cannot pay your surrogate beyond covering living expenses and any fees related to the pregnancy. You cannot legally pay a surrogate fee for carrying your child.
Unlike Greece, Canadians can establish their parental rights before the birth of their child through legal contracts. We also have clear guidelines to protect both the surrogate and the intended parents, ensuring ethical arrangements. That said, each province has its own regulations regarding surrogacy, with Ontario and British Columbia being the leaders in supporting the community and the legalities of having children through this method.
Canada’s progressive laws for the 2SLGBTQ+ community ensure that gay men, lesbians, and transgender individuals have viable options to plan for parenthood and build families.
The global divide on surrogacy rights for gay men
It’s obvious that surrogacy laws differ from country to country. We live in a world where only about 20% of it is truly free, in a general sense. While some countries are becoming more inclusive, places like the United States and Greece are backpedaling on years of progress. In the U.S., it feels like they’re undoing all the work that’s been done for generations. I remember attending rallies in San Francisco in 2008, rallying against Prop 8 – a proposition intended to halt the legalization of gay marriage. Greece only recently accepted gay marriage, and now, they’re already rescinding the right for gay couples to build a family. It’s almost like undoing the progress they made by allowing marriage equality in the first place.
And it’s not just Greece. Across Europe, there are similar surrogacy laws that refuse to cater to gay men, often citing general and biological factors. This serves as a reminder that while Canada is making progress, there’s still much more work to be done globally, especially when considering countries that have existed far longer than ours. As gay and trans people, we’ve always existed, but we’re still facing an ongoing battle for our civil rights.
These legal barriers are a microcosm of what could potentially happen in Canada. With the U.S. being a major influence on the global stage, it can be polarizing for other countries, especially when they see America as a leader in change, even when that change isn’t inclusive of same-sex couples or those who don’t fit within traditional gender norms.
The fight for LGBTQ+ family rights: What’s at stake?
The decline in surrogacy rights for gay men (and LGBT) in countries like Greece creates a much bigger issue: as it impacts how the world views and acknowledges LGBTQ+ individuals. Legal hurdles surrounding surrogacy are not just about having a child—they’re about recognizing and validating our legitimacy to start a family. When gay men are denied surrogacy rights, it directly impacts their ability to raise children, build a family, and ultimately further plays into a conforming narrative that battles the equality that is still being fought for to this day. It’s more than just a matter of reproductive rights; it’s a statement enforcing societal norms that do not include the 2SLBTQ community.
Being denied the right to acquire surrogacy can take a heavy toll on one’s mental health. As it’s already an expensive route to start a family, having its accessibility taken away adds a whole new obstacle that is unfathomable. For many LGBTQ+ individuals and couples, the dream of starting a family is embedded in us before we even become open with our own identities. Society tells you, when you grow up, you’re supposed to build a family—but I guess not if you’re gay? When that right is taken away, it’s not just a legal setback; it causes frustration, anxiety, and ultimately, a sense of injustice. For gay men, being unable to have children through surrogacy isn’t just about the logistics—it’s about the emotional pain of being denied the opportunity to procreate and have your own kin. The psychological impact often leads to feelings of exclusion, something we are already so used to, and a sense that our rights are not fully recognized by society or by those who do not fall under the LGBTQ+ umbrella.
Greece’s legal amendments surrounding surrogacy send a dangerous message toward other family-building options, like adoption and fostering, especially in countries that are even further behind when it comes to equality and progression. If the trend of rolling back LGBTQ+ rights to start families continues around the world, it could make it even harder for future generations to grow up in loving, supportive households. We’ve only just entered an era where representation is becoming more visible in almost every area. The shame of being LGBTQ+ has lessened and grown stronger in a positive way, only to face major setbacks in neighboring countries and places that were once safe and accepting of our identities. The struggle for family rights isn’t just about this generation—it’s about ensuring that future LGBTQ+ individuals have the same opportunities to raise children and experience parenthood as their heterosexual counterparts, now and forever. Unfortunately, we’re being hit with countless hurdles globally.
Why this matters for Canada: The fight for family rights
Canada has been an absolute champion when it comes to 2SLGBTQ+ rights, with progressive policies and legal frameworks in favor of 2SLGBTQ+ couples, as well as individuals. While we as a country have made huge strides in marriage equality and surrogacy laws, the global rollback of rights in other countries, like Greece, sends a scathing message that the battle for our rights on a global platform is under fire. For Canadian 2SLGBTQ+ individuals, these legal struggles happening in other parts of the world do affect us as well—whether through the loss of international surrogacy options or losing support globally. The echo chamber of anti-LGBT rhetoric is louder than ever, and as other countries fall into this space, it creates unsafety for us. With the current attacks on trans people south of the border, this serves as a reminder for gay men, lesbians, and cisgendered LGBTQ+ representatives to step up for yourself and your trans friends, as these attacks are expanding and happening in places you would deem safe.
Greece is one of the most prominent destinations for gay men to travel to and enjoy their vacation. It’s a country that’s only just begun to acknowledge and create equality for gay marriage. But what is the point of accepting gay marriage if they immediately stunt the ability to build a family within that marriage?
With many gay Canadians needing surrogacy to build their families, the changes in Greece with their surrogacy ban highlight a significant concern: can Canadian policies become complacent as global support for the LGBTQ+ community shifts backward? We, as Canadians, must continue to stand strong in our pride and commitment to supporting all parts of the 2SLGBTQ+ family and ensure that legal barriers in other countries don’t stop any of us from being able to start a family. As Canada’s reputation as a haven for LGBTQ+ families continues to evolve, it’s important that we safeguard the rights we’ve fought for while addressing the needs of a growing and diverse 2SLGBTQ+ community.
Pay attention to what is going on in this world. It’s not just about our rights in Canada; it’s about our rights globally. Things are changing, so stay informed and stay mentally strong. We have multiple resources available through IN Magazine that can help you not only start a family but also cope with the mental anguish caused by what’s happening around the world.
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