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Supreme Constitutional Court overturns ruling on maternity benefits for surrogate mothers

On April 30, 2026, the Supreme Constitutional Court of Cyprus ruled in favor of the Republic, overturning a lower Administrative Court decision regarding maternity benefits for a woman who had a child via surrogacy. The initial case began in 2016, when the applicant was denied benefits by Social Insurance Services because the law at the time did not cover surrogacy. The Administrative Court had previously ruled that Article 29(1) of the 2010 Social Insurance Law was unconstitutional for violating the principle of equality. The Attorney General appealed, arguing that the lower court’s declaration of unconstitutionality lacked practical utility and that the legislative framework had since been updated. The Supreme Constitutional Court found that the applicant's child was conceived outside the scope of existing medically assisted reproduction legislation at the time. Although the applicant had special permission for her proceedings, the court determined that the constitutional challenge no longer served a practical purpose. Consequently, the court did not issue a final verdict on the constitutionality of the disputed law itself.

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