December 3, 2022

Child Protection

a) Child Allowance

The allowance is granted every two months starting from the birth of the first child and depending on the number of children and the total equivalent family income.

It was established by virtue of Article 214 of Law 4512/2018 (Government Gazette 5 A’) “Regulations for the implementation of the Structural Reforms of the Economic Adjustment Program and other provisions”, as amended by Article 15 of Law 4659/2020 (Government Gazette 21 Α’).

More information can be found at the site opeka.gr

 

b) Birth Allowance

The allowance is granted for every child born in Greece, to mothers or persons who take care of the children born in the country, depending on their income criteria and their legal and permanent residency status. The birth allowance amounts to 2,000 euros. It is granted in two equal installments of 1,000 euros. The 1st installment is granted on the last working day of the month following that of the child’s birth and the 2nd installment five months after the month of the child’s birth.

The Birth Allowance was established by Law 4659/2020 (Government Gazette 21 A)

More information can be found at the site opeka.gr

 

c) Allowance granted to families living in mountainous and disadvantaged areas

This is an annual income support for families – including single-parent families:

  • who have been permanently residing in mountainous or disadvantaged areas for at least two (2) years prior to the submission of the application
  • whose annual family income does not exceed the amount of 4,700 euros.

The income support amounts to:

  • 600 euros per year, provided that the annual family income of the beneficiaries does not exceed the amount of 3000 euros
  • 300 euros per year, provided that the annual family income of the beneficiaries is between 3000.01 and 4,700 euros

It was established by Law 3016/2002 ‘’ Corporate governance, wage grid issues and other provisions’’ (Government Gazette 110 A’) and was amended by Article 61 of Law 4701/2012 (AD128)

More information can be found at the site oreina.epidomata.gov.gr

a) Positions in public and private nurseries, kindergartens, comprehensive care nurseries and Centers of Creative Activities for Children (KDAP)

Quality social care and hospitality services are provided to:

  • infants
  • toddlers
  • children

through the “Work- Life Balance” action, which is co-financed by European resources.

Objectives of the program are the following:

  • increasing and maintaining the employment of beneficiaries with low family income
  • supporting beneficiaries in order to ensure their access to work.

More information can be found at the site eetaa.gr

 

b) Parallel program of access to nurseries and kindergartens

The parallel financial support program for families widens the circle of beneficiaries of the action entitled Work-Life Balance in order to include:

  • employees of the public sector, of public law legal entities and local self-government organizations (first and second level).
  • private sector employees by increasing the family income threshold amount.

It was established by Article 35 of Law 4704/2020 (Government Gazette A 133)

By virtue of the above provision, Joint Ministerial Decision D11 / oik.32940 / 1376 / 14-8-2020, “Establishing the conditions and the procedure for the implementation of the financial support program for families with preschool-age children” (Government Gazette B 3538) was issued.

A. Adoption

Adoption is an institution of child protection that is applied in our country for the family rehabilitation of the unprotected child. It is the legal act that establishes an artificial parental relationship and is carried out by a court decision.

The institution of adoption of minors is regulated both by the provisions of Articles: 3-11 of the 1st Article of ratifying Law 2447/96 (Government Gazette A ‘278), 23 and 1542-1588 of Civil Code, 20-25 of Law 4538/2018 ( Government Gazette A ’85) and of Presidential Decree 226/99 (Government Gazette A’ 190), as well as by Law 3765/2009 (Government Gazette A ‘101) by virtue of which our country ratified the Convention for the protection of children and co-operation on intercountry adoptions, signed in The Hague on 29-5-1993.

Today in Greece if someone wishes to adopt a child, he/she can do it in 3 ways:

  • Either by submitting an application through the web portal www.anynet.gr for one of the children accommodated in a Child Protection Unit (Public or Private Law Legal Entities),
  • Either by direct consultations between natural parents or guardians of the minor and prospective adoptive parents, after they have been registered in the National Register of prospective adoptive parents,
  • Either through intercountry adoption.

In all 3 cases the adoption is finalized and announced by a court decision.

Requirements for Prospective Adoptive Parents:

  • They must have reached the age of 30 and
  • The minimum age difference between the adopter and the adoptee is 18 years and the maximum is 50 years (1544 of the Civil Code).

Same- or opposite- sex individuals who have signed a civil partnership schedule cannot apply for adoption.

Intercountry Adoption

Intercountry adoption means the act of adoption of a child permanently residing in a Contracting State (State of origin) by spouses or a person permanently residing in another Contracting State (host State).

The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption applies on the sole criterion of the child’s and the prospective adoptive parents’ place of residence, regardless of their nationality.

The application of the Hague Convention concerns the administrative procedure and does not affect the application of the provisions of the Greek legislation on adoptions.

The application for intercountry adoption as well as the necessary supporting documents are submitted by the prospective adoptive parents to the Central Authority for Intercountry Adoption or to the local competent service (Article 1 par. 2 of Presidential Decree 226/99). The application form must necessarily state the country of origin of the child to be adopted, and not the child’s gender or any age preference.

 

B. Foster care

Foster care is an institution of child protection in order to deal with problems in the family as a transitional solution either for the reintegration of the minor in his natural family, when the problems that led to the minor’s separation from the family are being solved, or as a safe environment for the upbringing and development of the minor while maintaining contact with his natural family, or towards the adoption of the minor by the foster parents.

Foster care means that a third party shall be assigned but also undertake the actual care of a minor, without changing his legal relations with his natural family or his guardian.

The institution of the foster care of minors is regulated both by Articles 1655 to 1665 of the Civil Code, as well as Articles 6 to 19 of Law 4538/2018 (Government Gazette A ’85).

Today, in Greece, if someone wishes to become a foster parent, he/she can do it in 3 ways:                                         

  • Either by submitting an application through the Internet Portal anynet.gr for the children who are accommodated in a child protection institution, Public or Private Law Legal Entities and their guardianship is exercised by that institution, according to Article 1600 of the Civil Code,
  • Either by direct consultations between natural parents or guardians of the minor and prospective foster parents, following the conclusion of an agreement between them
  • Either by a court decision directly, when the minor’s interest requires his/ her immediate separation from the family environment and his/ her placement in a foster family (especially in cases of abused or neglected minors or after the intervention of the Juvenile Prosecutor’s Office).

Requirements for prospective foster parents:

The person who will become a foster parent must meet certain requirements in order to be considered suitable for fostering a minor. In particular he/ she must:

  • be legally competent pursuant to the provisions on adoption and guardianship (Articles 1543, 1595 of the Civil Code)
  • be at least 30 years old and
  • not be over 60 years of age (at the time of the fostering application process). In case of foster care application filed by both spouses, at least one of the spouses and prospective foster parent must not have reached the age of 60 (1545 par. 2 of the Civil Code).
  • The minimum age difference between foster parent and foster child is 18 years and the maximum age difference is 50 years (1544 of the Civil Code).
  • Personal qualities: foster parents and their cohabitants should be in good mental, and physical health and not suffer from chronic communicable diseases.
  • Foster parents and their cohabitants must not have been convicted or have criminal proceedings pending against them for those offences which entail the withdrawal of parental control, in accordance with Article 1537 of the Civil Code, as well as for those provided for by the legislation in force on drugs and trafficking in human beings and organs
  • Foster parents should be able to afford basic expenses on the foster child’s food, education and medical care, having sufficient financial resources for this purpose and taking care of the child personally.

Law 4538/2018 “Measures on the Promotion of Foster Care and Adoption and other provisions” (Government Gazette A ’85)

National Council for Foster Care And Adoption (ESANY):

ESANY is the National Council for Adoption and Foster Care, which is established by decision of the Minister of Labour and Social Affairs, chaired by the Secretary General of Social Solidarity and Fight against Poverty and having as members:

  • A Juvenile Prosecutor
  • A representative of the Hellenic Association of Social Workers
  • A lawyer with experience in child protection issues
  • Three experts in the field of child protection
  • A representative of the Ministry of Labour, responsible for child protection issues
  • The President of National Centre for Social Solidarity
  • Two presidents of social welfare centers with child protection structures having as their alternates the presidents of two other social welfare centers
  • A representative of the Ministry of Interior (Directorate competent for the supervision of the second level local Self –Government organizations)
  • A representative of the Panhellenic Federation of Societies of Parents and Guardians of People with Disabilities (POSGAMEA)
  • A representative of the Assistant Ombudsman for the Rights of the Child without the right to vote.

Responsibilities of ESANY:

  • Submission of proposals and opinions
  • Monitoring and coordination of action
  • Support and provision of advisory and scientific assistance to agencies and services, following a request from the Ministry of Labour and Social Affairs
  • Editing quarterly and annual statistics
  • Studies, research, pilot programs, assessment
  • International context monitoring
  • Defining thematic units of training programs for prospective foster care and adoptive parents
  • Defining training and professional qualifications of trainers
  • Submitting proposals to Ministries

Adoption and Foster Care Information System: www.anynet.gr

a) These are Units that take care of infants and/or children up to the age of compulsory education for a certain period of the day by providing them with the following specific services:

  • creative activities and entertainment
  • education and smooth psycho-emotional development
  • nutrition and care.

Early childhood education and care units may be established and operated following relevant licensing by:

– private law profit and non-profit making organizations (charities, foundations, private law Legal Entities, associations and individuals),

– Ministries, public law legal entities and in general public sector bodies (Article 12 par. 2 sub-paragraph d, Article 15 par. 1, 16 and 17 par. 1 of Law 2082/1992 (Government Gazette A 158) “Reorganization of Welfare Services and introduction of new Social Protection Institutions”).

The conditions for the establishment and licensing of the early childhood education and care units are determined by Decision No. Δ22 / οικ.11828 / 293/2017 (Government Gazette Β΄1157), as in force, by virtue of Article 1 of Law 2345 / 1995 (Government Gazette AD213),

The license for their establishment and operation is issued by the relevant Municipalities (Article 94 of Law 3852/2010 “Kallikratis Program”).

 

b) nurseries, kindergartens, are also operated by Municipalities and their Legal Entities (Article 43 of Law 4369/2016 “National Register of Public Administration Executives and other provisions” (A 34), according to Presidential Decree 99/2017 “Licensing and operation conditions of kindergartens and nurseries, operating within legal entities of municipalities or municipal services”, which fall under the competence of the Ministry of Interior.

Centers of Creative Activities for Children (KDAP) are welfare structures where children aged 5 to 12 are taken care of.

Their purpose is to keep children creatively occupied outside school hours and under the application of modern pedagogical practices via organized individual and group activities to support their physical, mental, emotional and social development.

They are operated by Municipalities and their Legal Entities, by non-profit Private Law Bodies, as well as by profit making individuals.

For details on the conditions of establishment and operation, see Law 4756/2020 “Measures for the support of workers and vulnerable social groups, social security regulations and provisions for the support of the unemployed” (Government Gazette 235 A, Part One, sub-chapter I).

The purpose of KDAP – MEA is to keep children and adolescents with disabilities creatively occupied through programs of expression and entertainment, speech training, enhancing both the skills of the children themselves and the education and information of their family environment through appropriate support services.

For details on the conditions of establishment and operation, see Law 4756/2020 “Measures for the support of workers and vulnerable social groups, social security regulations and provisions for the support of the unemployed” (Government Gazette 235 A, Part One, sub-chapter I).

The Comprehensive Care Nurseries are units that provide comprehensive care services to infants and preschool children with disabilities and provide the following:

  • clean and safe stay,
  • education, play, entertainment, rest,
  • psychological help depending on age
  • care for the smooth psycho-emotional and healthy development of children.

State camp program: There are 32 children’s summer camps for the accommodation of children aged 6 to 16 years, the elderly and people with disabilities, with low family income (Law 7449/1948 (A 200), as amended and supplemented later).

By a joint decision of the Ministers of Interior, of Finance and of Labour and Social Affairs, their operation is assigned every year to the relevant Municipalities or Public Law Legal Entities that operate under the supervision of the Ministry of Labour and Social Affairs.

Relevant legislation is par. 6 of Article 19 par. of Law 2646/1998 “Development of the National Social Care System and other provisions” (Government Gazette A 236) as replaced by par. 2 of Article 57 of Law 4520/2018 “Transformation of the Agricultural Insurance Organization into an Organization for Welfare Benefits and Social Solidarity (OPEKA) and other provisions”.

Private summer camps: Camps operating on profit or non-profit-making Private and Ecclesiastical Initiative, following a relevant license issued by the relevant Regional Governor.

For details on the operation and establishment of private children’s camps, see:

– Par.4 Article 17 of Law 2556/1997 “Measures against contribution evasion… and other issues” (Government Gazette 270 A).

–  D22 / οικ. 37641/1450 / 22-8-2016 Joint Ministerial Decision for the “Determination of terms and conditions for the operation of camps organized by their own means, on pay or without pay by Natural or Legal Entities or by Public Services, Organizations or Associations” (Government Gazette 2712 / 2016 Royal Decree).

Skip to content