Surrogacy offers a pathway to parenthood for many families, and Georgia is known for its supportive legal framework surrounding this process. Since 1997, surrogacy has been legal in Georgia, with progressive modifications and amendments made over the years to adapt to the evolving needs of intended parents. This blog will detail everything intended parents need to know about surrogacy laws in Georgia and the registration process for babies born through surrogacy, ensuring that intended parents are well-informed.
Legal Framework for Surrogacy
In Georgia, two main legal entities oversee the regulations regarding surrogacy: the Ministry of Healthcare and the Ministry of Justice.
- Ministry of Healthcare: This body is responsible for regulating the foundational aspects of surrogacy law, ensuring the legal safety.
- Ministry of Justice: This ministry governs the registration and legal recognition of children born via surrogacy, as well as the processes necessary for their exit from the country.
Key Points Regarding Surrogacy in Georgia
- Eligibility: Surrogacy in Georgia is available only to heterosexual couples who are legally married or have lived together for at least one year. This limitation is in place to ensure a stable environment for the child.
- Use of Donors: Intended parents may utilize either an egg donor, a sperm donor, or both in conjunction with a surrogate mother.
- Citizenship Considerations: A baby born through surrogacy in Georgia does not automatically acquire Georgian citizenship unless one or both intended parents hold Georgian nationality.
- Notarized Agreement: Before the embryo transfer takes place, it is mandatory to sign a notarized agreement. This legal document outlines the rights and responsibilities of all parties involved in the surrogacy arrangement.
- Materials for IVF: Intended parents can use shipped frozen materials created from their genetic material or known donors for the embryo transfer process.
- Parental Rights: In Georgia, the surrogate mother and donors are not listed on the birth certificate and do not retain any parental rights concerning the baby. This legal structure protects the arrangements made for surrogacy and ensures that intended parents are recognized as the legal parents from the outset.
Extract from the Ministry of Healthcare Law
According to the Law of Georgia on Health Care, Article 143:
- In vitro fertilization is permitted:
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- a) For the purpose of treating infertility, as well as in cases where there is a risk of transmitting a genetic disease from the wife or husband, using the reproductive cells or embryos of the couple or a donor, provided that written consent from the couple has been obtained;
- b) If a woman does not have a uterus, by transferring and growing an embryo obtained through fertilization in the uterus of another woman (“surrogate mother”); written consent from the couple is required.
- In the event of the child’s birth, the couple is considered the parents and thus holds responsibilities and rights; the donor or “surrogate mother” does not have the right to be recognized as the parent of the child born.
Registration Process for Babies Born Through Surrogacy
Once a baby is born, intended parents must undertake the following steps to register their child:
- Submission of Documents: The necessary documents must be submitted to the House of Justice, which operates under the Ministry of Justice and serves as the official entity responsible for regulating the issuance of birth certificates in Georgia. The submission will include:
- Translated passport copies of both intended parents.
- A report from the IVF clinic detailing the embryo transfer, including the date, genetic material used, the creation details of the embryos, and identification of the parents, surrogate mother, and any donor(s).
- Maternity hospital Form 100, which is a birth note confirming the delivery of the baby.
- The original notarized agreement signed before the embryo transfer.
- If frozen embryos, oocytes, or sperm were utilized, an additional authenticity report for these materials is required. In the case of shipped frozen embryos, an embryo creation report is also necessary.
- Timeframe for Submission and Issuance: Documents for the birth certificate must be submitted to the House of Justice within a maximum of 7 days after the birth of the baby. The birth certificate will be issued within 5 days following the submission of the necessary documents.
- Verification and Corrections: The House of Justice holds the authority to require corrections if errors are found in the submitted documents. They may also request additional documentation if there are doubts about the origins and authenticity of the submitted papers. Regardless of whether additional documents have been requested or corrections need to be made, there is still a possibility for delays in the issuance process of the birth certificate. This can happen due to multiple applications being submitted at the same time or during holiday periods when available staff must distribute applications among themselves.
Important Note on Exiting the Country
It is crucial for intended parents to be aware that a baby born through surrogacy can only leave Georgia if the birth certificate lists both intended parents as the legal parents. Parents must present the original birth certificates at the border when departing the country. Airport officers have access to the Ministry of Justice’s database, allowing them to verify the provided information. This ensures that parents can have confidence that official sources are accessible at the borders, offering reassurance during their travels.
