Law 3089/2002 was a real breakthrough in the field of family law. A modern law that redefined the concept of family and the content of kinship ties and incorporated the developments of biotechnology and assisted reproduction into the legal field. For the first time, it addressed issues such as extracorporeal and posthumous fertilization or surrogacy. For the first time, it regulated issues related to the age of individuals who wish to utilize assisted reproduction methods, with the choice of the gender of the child to be born, with the conduct of scientific research on surplus reproductive material, with reproductive and therapeutic cloning.
This law was adopted in our country with some delay, as other European countries had already developed relevant legislation since the 1980s. However, this delay gave the Greek legislator the opportunity to evaluate the different European legislations and choose between already established legal systems. Thus, it adopted a liberal and in many ways radical legislation, using Article 5, paragraph 1 of the Constitution as a starting point and determining its final choices based on the commitments arising from the Oviedo Convention. In this context, it proceeded by weighing, on the one hand, the interest of the child to be born and the problems that a strict prohibitive legislation would create for it, and on the other hand, the limits of tolerance of modern Greek society.