GEORGIAN LEGISLATION ON SURROGACY

Surrogacy procedure has been authorized in Georgia for more than 25 years (since 1997). The legislative regulation of surrogacy and IVF in Georgia is based on several normative acts, including the Law "On Health Care" (Articles 141, 143, 144), the Law "On Civil Acts " (Article 30), the Law "On Legal Status of Aliens and Stateless Persons" (Article 49 1), Order of the Minister of Justice "On Registration of Civil Acts" (Articles 16 and 19), Law "On Patients' Rights" (Article 22), Joint Order of the Ministers of Justice and Internal Affairs on the departure from Georgia of children born as a result of IVF (surrogacy), adopted on April 4, 2016.

Each of the mentioned acts regulates certain aspects of surrogacy and IVF in Georgia:

І. The Law "On Health Care" No. 1139 of 12.10.1997 (Articles 141, 143, 144) establishes general principles of IVF and surrogacy procedures, including the use of donor gametes and embryos, as well as the rights and obligations of the participants of the process.

Article 141

Insemination with donor sperm is authorized:

(a) Because of childlessness, when there is a risk of transmission of a genetic disease from the husband, or for the fertilization of a single woman, if the written consent of the childless couple or single woman is obtained. When the child is born, the childless couple or single woman is considered a parent, hence the responsibility and authority. The donor has no right to be recognized as the father (mother) of the child born as a result of fertilization;

Article 143

1- In vitro fertilization is authorized:

a) for the purpose of infertility treatment, as well as if there is a risk of transmission of a genetic disease from the wife or husband, using gametes or embryos of the spouses or a donor, if the written consent of the spouses is obtained;

b) if the woman does not have a uterus, by transferring and growing the embryo resulting from fertilization into the uterus of another woman ("surrogate mother"). Written consent of the couple is required.

2. If a child is born, the couple are considered parents, therefore have responsibility and authority. Neither the donor nor the surrogate has the right to be recognized as the child's parents.

Article 144

For the purpose of artificial insemination, the use of male and female germ cells or embryos preserved by freezing is permissible. The time of preservation shall be determined at the request of the couple, in accordance with the established procedure.

II. The Law on Civil Acts No. 5562 of 20.12.2011 (Article 30) regulates the birth registration of children born as a result of IVF and surrogacy, stipulating that the child is recognized as the child of the intended parents.

III. The Law on Legal Status of Aliens and Stateless Persons No. 2045-II of 03.05.2014 (Article 491) contains provisions regarding the rights of aliens to use reproductive technologies in Georgia.

Article 49 . Departure of a child born in Georgia through in vitro fertilization (surrogacy) from Georgia

1. A child born in Georgia through in vitro fertilization (surrogacy) may leave Georgia only if both parents of the child are listed in the act record of birth concluded by the Agency for Development of Public Services, a legal entity of public law acting in the sphere of administration of the Ministry of Justice of Georgia.

2. The procedure for leaving Georgia of a child born by in vitro fertilization (surrogacy) shall be determined by a joint order of the Minister of Justice of Georgia and the Minister of Internal Affairs of Georgia.

IV. The Order of the Minister of Justice "On Approval of the Procedure of Civil Status Registration" No. 18 of 31.01.2012 (Articles 16 and 19) details the procedures of birth registration, including children from surrogacy.

Article 16. Birth registration on the basis of a certificate submitted by a medical institution

1. The data required for birth registration shall be indicated in the birth record on the basis of a medical birth certificate issued by a joint order of the Minister of Labor, Health and Social Protection of Georgia and the Minister of Justice of Georgia.

2. If the medical certificate of birth states that the child was born as a result of in vitro fertilization, the civil status registration authority shall register the birth after submission of necessary documents, but not later than 7 calendar days after submission of the medical certificate of birth. If the documents are not submitted within the specified period, the birth registration will be carried out according to the general rules.

Article 19. Registration of birth of a child born as a result of in vitro fertilization

1. In order to register the birth of a child born as a result of in vitro fertilization, together with the documents stipulated by the legislation of Georgia, the civil status registration body shall be provided with:

a) a certificate of in vitro fertilization issued by a medical institution immediately after implantation of the embryo;

b) a notarized contract signed before in vitro fertilization:

a) between the woman who gave birth and the genetic parents, or;

b) between the woman who gave birth to the child, the genetic father, the person to be recorded as the child's father on the birth certificate (who is not the child's genetic father) and the donor, or;

2. The parents of a child born as a result of in vitro fertilization are:

a) genetic parents;

b) the genetic father (mother) and the person who, on the basis of a contract, is entered as the father in the record of the act record

b) the genetic father and the person who, on the basis of a contract, is entered as the father in the birth record;

c) a married couple.

(3) The donor or "surrogate mother" may not be listed as the father (mother) of the child in the civil status record of the child's birth.

4. When registering the birth of a child born as a result of in vitro fertilization, in case of failure to submit a surrogacy contract, the child's parents or a single woman shall not be indicated in the birth record. In this case, the child's surname and name are indicated in the birth record on the basis of an application by the guardians and the guardianship and trusteeship authority.

V. The Law on Patients' Rights No. 283 of 05.05.2000 (Article 22) protects the rights of IVF and surrogacy participants, including the right to informed consent.

Article 22

1. A prerequisite for the provision of medical services is the informed consent of the patient, and in case it is impossible for minors to make informed decisions, of the patient's relative or legal representative. Obtaining informed consent shall precede the provision of medical services.

2. Written informed consent is required when providing such medical services ... as in vitro fertilization.

VI. The Joint Order of the Ministers of Justice and Interior on Exit from Georgia No. 4846, dated March 4, 2016, establishes rules for the exit from Georgia of children born as a result of IVF (surrogacy), ensuring legal protection of the rights of the child and the intended parents.

Surrogate mothers in Georgia must meet certain requirements, including being between 21 and 35 years of age, having at least one successful delivery without complications and fetal anomalies, as well as physical and psychological health, no criminal record for a serious or especially serious crime, no precedent of deprivation or restriction of parental rights in the woman's past, no alcohol or drug addiction, legal capacity, and meeting medical requirements for surrogate mothers.

In Georgia, surrogacy is available to married heterosexual couples who can provide medical evidence of inability to have children naturally and legal proof of their marital status, as well as to single women for medical reasons. The legislation requires that the intended parents be married or provide evidence of cohabitation for a certain period (common-law marriage of more than a year).

A married couple or single woman who have used the services of a surrogate mother are recognized as the legal parents of the child immediately after birth. The law does not require subsequent adopting of the child by the intended parents, and the donor or surrogate mother has no right to be recognized as the child's parents. The surrogate mother has no claim to the child because she is not genetically related to the child and voluntarily agrees to participate in the surrogacy program. Even if an embryo is transferred into the surrogate's uterus from a donor's egg or sperm, rather than from an infertile couple, the potential parents are considered the parents of the child. This simplifies the process of recognizing parental rights for the prospective parents (Articles 141, 143 and 144 of the Law of Georgia "On Health Care").

According to Georgian legislation, the Birth Certificate is issued immediately, within one day after the birth of the child. In the birth certificate, the parents of the child are indicated as a couple or a single woman. Thus, the Birth Certificate of a child from a surrogate mother is no different from the birth certificate issued at the birth of any other child. The consent of the surrogate mother is not required to register an infertile couple or single woman as parents.

Registering a couple as parents will require:

1. A surrogacy agreement signed by the parents or single woman, a certificate of embryo transfer into the uterus of the surrogate mother issued by the IVF clinic and a certificate confirming the fact of the child's birth issued by the maternity hospital. Foreign parents (or a single woman) may take the child back to their country at any time after the birth certificate is issued.

(2) The father and mother of a child born as a result of surrogacy shall be recognized as the biological parents - a married couple or a single woman who, in accordance with the agreement, provided their own/donor genetic material.

Thus, according to the legislation, gestational surrogacy is legal in Georgia. According to the normative acts it is allowed for heterosexual couples who are legally married, who have medical indications for this method and a single woman. Surrogacy is prohibited for single men as well as same-sex couples.

The woman carrying the child has no biological connection to the child. Fertilization takes place under laboratory conditions. For this purpose, an egg is taken from the biological mother/donor and sperm from the biological father/donor. The surrogate mother cannot be an oocyte donor at the same time. In this way, the requirement that there is no genetic link between the surrogate mother and the child to be carried is violated.

Surrogacy is carried out on the basis of a voluntary agreement between the parties, which must be notarized. The surrogacy agreement must contain all the terms of cooperation, rights, obligations of the parties, compensation and expenses, as well as the legal status of the child.

The surrogate mother has no rights to the baby she carries and gives birth to for other people. She cannot claim to remain in contact with him or to have him returned to her. Nor does she have any responsibility for the baby once it is born. Biological parents or a single woman are the only legal parents and have all rights, responsibilities for his upbringing, education.

Head of judicial department «Success» surrogacy centre