Legislation

Regulations in Georgia Regarding IVF Procedures

It is stated in the Georgian law that if a child is born through surrogacy, the intended parents are registered as her biological parents instead of the surrogate mother. Even if an egg donor was used or the spermatozoon was not obtained from the couple, the male and female opting for surrogacy would still be considered the parents of the baby born through IVF.

The baby will receive her birth certificate within 24 hours of her birth in Georgia. In the fields where parents’ names are required, the names of intended parents who applied for surrogacy will be entered. This document is not any different than a normal birth certificate of a child born naturally and not through a surrogacy procedure. Although there is no need to take consent from the surrogate mother to register the baby as the infertile couple’s child, she might already have agreed to the terms and conditions of being a surrogate mother and received her compensation.

Here is a list of documents required for registration of the infertile couple as parents of the newly born baby;
- Surrogacy Agreement, signed by the couple
- Certificate of embryo transfer issued by the IVF clinic that confirms that the embryo has been successfully implanted in the uterus of the surrogate mother
- Certificate of childbirth issued by the hospital or clinic where the baby was born

The website of the Parliament of Georgia and Ministry of Health Labour and Social Affairs offers more information on the Laws of Georgia on Surrogacy. These laws are in Georgian language and may be required to be translated for international clients. It is highly recommended that you go through these laws and regulations before you decide to undergo surrogacy in Georgia.

Here is a summary of the two important articles related to surrogacy in Georgian Law:

Article 143

According to this law, fertilization of ovum and spermatozoon outside the human body is allowed, which is also known as extracorporeal fertilization or IVF. At times there is a risk of transmission of a genetic disease to the baby if it is born using natural means. In such a case as well as to treat any case of female and male infertility, such a procedure may be used but only after the couple has agreed to the terms and conditions of such a pregnancy.
The couple’s written consent is obligatory in which they allow the transfer of embryo to the uterus of another woman, also known as the surrogate mother, for the purpose of growth into a full-term baby.
Once the baby is born through this procedure, the intended parents who applied for surrogacy would agree to take complete responsibility of the child as her registered parents, providing her with shelter, food, education, healthcare, and all other necessities of life.
The surrogate mother will have no right to claim any kind of relationship with the child neither will she be responsible to support the child financially.

Article 144

It is permissible to use frozen embryo as well as female and male individual sex cells for the purpose of making artificial fertilization a success. The couple will receive all the necessary details regarding the procedure and the fact that frozen embryo transfer is being used as a method to induce pregnancy in the surrogate mother.
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