The Cyprus Parliament approved the amending Law 116 (I) 2017, which amends the basic existing Law 100 (I) 1997 for the protection of the Maternity, and it is in effect as from 1st August 2017.
The most significant amendment of this Law is the entering of the term surrogate mother in the existing law for the first time. This is a momentous improvement of the Cyprus’ Family Law, since the luck of the legalization of the surrogate motherhood for all these years, was preventing couples from having their own children and it was forcing them to reach licensed organizations in other European countries which offer surrogate motherhood services. The legalization of the surrogate motherhood, provides the couples who desire to have a child and unfortunately they are unable to, with the chance to become parents and have a family.
According to the amending law, a surrogate mother, is the employed woman who carries and gives birth after in vitro fertilization and embryo transfer by using genetic material foreign to her, for a couple who wishes to have a child but is unable to due to medical reasons according to the provisions of the Law on the Application of Medical Assisted Reproduction.
The mother that has a child, either through surrogate motherhood or through adoption, with a relevant Court Order, has the protection of employment while on maternity leave and any other right that a mother giving birth to her own child has.
The mother giving birth to her own child or through surrogate motherhood, has the right to maternity leave for a period of eighteen (18) weeks.
The mother who adopted a child up to the age of 12 years old, has the right to maternity leave for a period of sixteen (16) weeks.
The Law also protects the surrogate mother by providing her with the right to maternity leave for a period of fourteen (14) consecutive weeks.
The mother, will be paid 72 % of her weekly wages for the period of her maternity leave, which is increased to 80%, 90% and 100% when the beneficiary has one, two or three dependents respectively.