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October 2023 – Judgment of the Supreme Court No. 1099/2023 – Reversal of a decision of the Athens Court of Appeal, which rejected the recognition of a South African court’s decision designating a male couple as parents of a child born to a surrogate mother as contrary to Greek public policy

By judgment No 1099/2023, the Supreme Court annulled a decision of the Athens Court of Appeal, which had rejected as contrary to Greek public policy the recognition of a decision of a South African court designating a male couple as parents of a child born of a surrogate mother. The judgment upheld the ground of appeal on the ground of failure to take into consideration a factual claim and held in particular that the error in the judgment was that it stated as a ground for non-recognition that the adoption of a minor in Greece is not permitted to same-sex couples, not taking into account that in the present case it was a specific child born to a specific family from a surrogate mother, and not in the abstract a minor whose suitable family for adoption must be found. This is an unprecedented decision on the recognition of families of persons of the same sex in Greece, which reopens the discussion of the merits of the case in the Court of Appeal.

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svgLGBTQ+ family returns to the Court of Appeal for judicial recognition of their family: the Supreme Court overturns a decision rejecting their application.