Maternity Legal Legislation

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Since 1997, Surrogate Motherhood has been added to legislation in Georgia and since then the country has become a desirable destination for IVF programs, surrogacy and egg donation for prospective parents all over the world . The Maternity Law has caused the opening of many IVF clinics in Georgia. This competition increased the success rates of the IVF procedure and live birth throughout the country and increased the standards of customer satisfaction.

According to Georgian laws, the child will be registered as the parent of the child and not the surrogate mother, for the child who is given birth by a surrogate mother. Even if the embryo is derived from an egg or sperm obtained from a donor but not from the infertile pair, and transferred to the womb of the surrogate mother, the couple will be considered to be the child's legal parents.

The birth certificate will be issued within 1 day immediately after delivery. The couple will be registered as a parent on the birth certificate. For this reason, the birth certificate of the child whose birth has been made by a surrogate mother is not different from the birth certificates of the other children. The registration of the infertile couple as a parent does not require the consent of the surrogate mother.

To register the couple as parents, you will need the following:

Surrogate Motherhood Agreement signed by the couple, embryo transfer certificate into the womb of the Surrogate Mother given by the IVF clinic and a birth certificate given by the maternity hospital. The procedure for issuing the birth certificate is simple and does not require hiring a lawyer. Parents shall have the right to take their child to their home country after the birth certificate is issued.

You can see Surrogate Motherhood Laws on the website of the Georgian Parliament and the Ministry of Health, Labor and Social Affairs. The Laws are in Georgian Language.

Article 143

Extracorporeal Fertilization (IVF) is allowed under the following conditions:

In addition to the treatment of infertility, if one of the spouses is at risk of inheriting the genetic disease, byusing the sex cells or an embryo of the couple or a donor , and if the written consent of the couple is receive.

The written permission of the couple is compulsory for the transfer and growth of the embryo obtained as a result of fertilization to the womb of another woman (“surrogate mother”).

The couple is considered to be the parents with the responsibility and authority assigned in the case of birth. A donor or “surrogate mother” is not entitled to be recognized as the parent of the born child.

Article 144

For artificial fertilization , it is possible to use male and female sex cells or an embryo which are stored by freezing. The storage period is determined by an existing procedure depending on the couple's demand.