Surrogacy in Cyprus. Legislation of the Turkish Republic of Northern Cyprus in the field of surrogacy
Surrogacy in the Turkish Republic of Northern Cyprus is more flexible and liberal in the legal field compared to many other countries.
The law that allows surrogacy in the Turkish Republic of Northern Cyprus is
Law No. 57/2014 "On the Regulation of Transplantation of Human Cells, Tissues and Organs", which was published in the Official Gazette of the TRNC dated September 27, 2014.
The Law introduces general provisions regarding the donation, supply, testing, processing, protection, storage, distribution,
transportation and, if necessary, destruction of reproductive cells and organs and tissues.
In accordance with this
law, the "Regulation on Assisted Reproductive Therapy Centers and Assisted Reproductive Therapy Methods", which was published in the Official
Gazette of the TRNC No. 80 dated 21.06.2016, came into force and legalizes surrogacy in the Turkish Republic of Northern Cyprus.
Thus, the legislation authorizing surrogacy in the Turkish Republic of Northern Cyprus was fully formulated in 2016 and allowed under the relevant
conditions.
According to the aforementioned documents, the TRNC legislation regulates the procedure of surrogate embryo transfer in cases where the woman who wishes to become a mother has a medical indication to do so. This makes it easier for the clinic to transfer embryos from the prospective parents to the surrogate, minimizing legal complexities.
The medical portion of the surrogacy program is permitted for same-sex couples, heterosexual couples, and individuals. There are no restrictions for foreign nationals in this regard.
Before the process begins, a contract is signed with the "surrogate mother". This contract prevents the surrogate mother from claiming rights to the child she will give birth to in the future.
A study of the practical legalization of parental rights and the status of the child has shown that the legal parents of a child born by a surrogate mother are the presumed father and the surrogate mother. The name of the genetic mother (spouse) may be written on the child's Birth Certificate by decision of the court or registration authorities.
Most nationals of most countries do
not require a visa to visit Northern Cyprus, which is a significant advantage for
people who wish to use the services of in vitro fertilization and surrogacy. Citizens of the European Union entering the territory of the Turkish Republic of Northern Cyprus from the territory
of Southern Cyprus only need to present a valid passport or, in some cases, the national identity card of the EU country, and then stay in the territory of the TRNC without obtaining an additional
visa for up to 30 days with the possibility of extending up to 90 days or obtaining a residence permit. This allows a citizen of almost any country to benefit from a wide range of surrogacy programs
without the need for additional visa formalities.
According to a regulation published
by the Ministry of Health of the TRNC in July 2016, TRNC clinics may also utilize
preimplantation genetic diagnosis (PGD) when performing gestational surrogacy if there is a risk of sex-linked diseases in order to detect them in a timely manner. This confirms that TRNC clinics offer
quality in vitro fertilization procedures and modern medical equipment.
Thus, according to the "
Regulation on Assisted Reproductive Therapy Centers and Methods of Assisted Reproductive Therapy",
the aim of the legislation on reproductive activities is precisely the quality of assisted reproductive therapy. Therefore, the purpose
of the aforementioned Regulation is to license the assisted reproductive therapy centers that will donate, supply, store, transport and, if necessary, destroy human cells or embryos for therapeutic purposes. It defines the procedures and principles of operation and the principles of assisted reproductive therapies to which they must conform.
This confirms that the TRNC legislation sets high medical standards for the centers,
clinics, medical staff that perform assisted reproductive activities in the territory of Northern Cyprus, including surrogacy.
We would also like to emphasize that the issue of assisted reproduction in Northern
Cyprus has a history of almost 30 years, which gave the opportunity to improve the practical and legal basis for its implementation. The first legal regulation of assisted reproductive techniques in the
TRNC legislation is the Law on Private Hospitals, Private Clinics, Private Dispensaries and Private Practice (Audit) (Law No. 34/1998).
This law was later abolished, but it initiated the legal doctrine on the use of reproductive activities.
Thus, according to the analysis of legal norms, gestational surrogacy is permitted in the Turkish Republic of Northern Cyprus (TRNC). The legislation does not impose restrictions on entering into surrogacy agreements or on biological parents leaving the country with their children, making the TRNC an ideal destination for fulfilling the dream of parenthood through assisted reproductive technologies and the support of a surrogate mother. With the backing of authorities, Northern Cyprus is becoming a popular hub for medical tourism, attracting an increasing number of foreigners each year seeking high-quality medical care and advanced technologies.
Head of judicial department «Success» surrogacy centre