Surrogacy Law in Georgia (Europe) – Legal Regulation of Surrogacy ın Georgia 2022

General Rules of the Laws of Georgia (Europe) in Terms of Surrogacy Regulations
In Georgia (Europe), there’s no specific separate law/ enactment regulating only supported reproductive technologies (‘ ART”) or either of its system including surrogacy. The following normative acts (some composition of these acts) relate to the issues of surrogacy and ART in general

Law of Georgia (Europe) on Health Care espoused on10.12.1997 ( Papers 141, 143 and144);
Law of Georgia (Europe) on Civil Acts, espoused on20.12.2011 (Article 30);
Law of Georgia (Europe) on the Legal Status of Nonnatives and Persons with no Citizenship, espoused on March 05, 2014, in force from September 01, 2014 ( Composition 49 1);
Order of the Minister of Justice on the Establishment of the Rule on Registration of Civil Acts, espoused on January 01, 2012 ( Composition 16 and Composition 19);
Law of Georgia (Europe) on Case Rights espoused on May 05, 2000 ( Composition 22);
Joint Order of the Minister of Justice of Georgia (Europe) and of the Minister of Internal Affairs of Georgia (Europe) on the Establishment of Rule of the exit from Georgia of the Child born in Georgia as a result of In Vitro Fertilization (Surrogacy), espoused on April 11, 2016.
The introductory regulations concerning surrogacy and ART, in general, are outlined in Composition 141, 143 and 144 of the Law of Georgia (Europe) on Healthcare, specifically

Composition 141 of the Law of Georgia (Europe) on Healthcare determines the following

“Fertilization with the patron’s sperm shall be allowed a) due to gravidity, if there’s a threat of transmitting a inheritable complaint from the hubby to the child, or for fertilization of a single woman if a written concurrence of the infertile couple or the single woman has beenobtained.However, the infertile couple or the single woman shall be supposed as parents, with the liabilities and authorities pacing from this fact, If a child is born. The patron shall not have the right to be honored as the father of the born child”. The terms used in Composition 141 aren’t relatively clear, still, the wording of this composition can be interpreted as allowing the use of patron sperm in the fertilization procedure (for illustration, copulation) handed that fertilization doesn’t relate to in vitro fertilization with the surrogacy program. Similar procedure shall be allowed both for the infertile couple and for a single woman handed that the patient signs the informed concurrence about such a procedure.

Composition 143 of the Law of Georgia (Europe) on Healthcare refers to in Vitro fertilization including surrogacy and determines the following-

“ 143. 1. In vitro fertilization shall be allowed a) to treat gravidity if there’s a threat of transmitting a inheritable complaint from the woman or the hubby to the child, using the gametes or embryo of the couple or a patron, if a written concurrence of the couple has been attained; b) if a woman doesn’t have a uterus, by transferring the embryo attained as a result of fertilization to the uterus of another woman (‘surrogate mama’) and growing it there; carrying the written concurrence of the couple shall be obligatory.

Still, the couple shall be supposed as parents, with the liabilities and authorities pacing from this fact; the patron or the‘surrogate mama’shall not have the right to be honored as a parent of the born child”, If a child is born. Composition 144 of the Law of Georgia (Europe) on Healthcare refers to the allowance of the operation of frozen gametes and embryos for artificial fertilization and determines the following “ 144. It shall be possible to use manly and womanish gametes or embryos that have been conserved by indurating for artificial fertilization. The time of conservation shall be determined according to the couples will, under the established procedure”. As a result of the analyses of the regulations handed in the laws of Georgia (Europe), it may be concluded that In Vitro Fertilization may be performed in the following ways In vitro fertilization with the use of the couples’or patron’s gametes or embryos, fertilization with the patron’s sperm, in vitro fertilization with the use of a surrogate mama and the use of frozen gametes or embryos during in vitro fertilization.

In Vitro Fertilization with Surrogacy

Laws of Georgia (Europe) don’t determine the term “ Surrogacy”. In terms of the procedure pertaining to surrogacy, the law of Georgia (Europe) on Healthcare (Article 143) is relatively laconic and deficient in the light of legal delicacy and only determines that In Vitro Fertilization shall be allowed if a woman doesn’t have a uterus, by transferring the embryo attained as a result of fertilization to the uterus of another woman (‘surrogate mama’). According to this the wording for the surrogacy to be performed, piecemeal from carrying the written concurrence of the couple ( implicit parents) the law requires virtuality of the implicit mama’s uterus as apre-condition for the inception of such a procedure. This is considered as a debit of the law in practice interpreted as taking the medically determined health state of the implicit mama therefore not having the capability to macerate and bear the child, in other words, medically substantiated need for surrogacy.

Indeed though the law doesn’t directly relate to the permitted forms of surrogacy, it’s interpreted as allowing gravid surrogacy (where the surrogate mama is only a gravid carrier and doesn’t give her oocyte for fertilization) and proscribing traditional surrogacy (where the surrogate mama has a inheritable link to the child).

As for the forms of gravid surrogacy itself, as mentioned over, the law doesn’t make any reference to it. Still, it might be interpreted in the following manner it’s allowed to perform in vitro fertilization and embryo transfer procedure with the use of either the oocyte patron or sperm patron and the gamete of one of the implicit parents and to transfer the entered embryo to the surrogate mama’s uterus. In this case, the child born as a result of such a procedure will have a inheritable connection only with one of the parents. Either, the law doesn’t directly bear that the child born as a result of surrogacy should have a inheritable connection with at least one of the parents neither it directly states similar vacuity. Still, such a possibility may be laterally determined under the regulations set forth by the Order of the Minister of Justice on the Establishment of the Rule on Registration of Civil Acts, espoused on January 01, 2012 ( Composition Composition 19) (hereinafter the “ Rule of Registration of Civil Acts”). Composition 19 of Rule of Registration of Civil Acts determines the rule of birth enrollment of the child born as a result of surrogacy arrangements and determines the needed documents to be submitted to the Civil Registry for the allocation of a birth instrument showing the implicit parents as legal parents of the child. Specifically, Composition 19 determines that in addition to the document certifying the fact of in vitro fertilization issued by the medical institution upon the embryo implantation, the following shall be submitted to the Civil Registry

the woman delivering the baby and inheritable parents; or
the woman delivering the baby, inheritable parent, person to be recorded as a parent of the child (who isn’t a inheritable parent) and patron; or
the woman delivering the baby, couple and benefactors.
inheritable parents;
Inheritable parent and person to be recorded as a parent of the child;
couple.

Indeed though the Order refers to the procedure of the birth enrollment, in consideration of its vittles it can be concluded that indeed if both the oocyte and sperm benefactors have been involved in the procedure of in vitro fertilization and the entered the embryo has been transferred to the surrogate mama ( gravid carrier), the implicit parents not having the inheritable link to the child shall be considered the legal parents of the child ( handed that all the documents are submitted to the registry in the form and manner as needed).

For the implicit parents to be recorded as legal parents of the child delivered by the surrogate mama the ensuing conditions should be met

1. In vitro fertilization and embryo transfer to the surrogate mama’s uterus shall be performed in a clinic and the document issued by the clinic shall certify the performance of such a procedure;
2. In Vitro fertilization may be performed either with the use of
   Implicit parents’gametes or
   gametes of one of the implicit parents and a patron; or
   gametes of benefactors.
3. Surrogacy can not be used by a single implicit parent or same- coitus couple. Implicit parents must be a heterosexual couple. No substantiation of registered marriage or another form of relationship between the couple is needed;
4. No evidence of the DNA test is needed; the document issued by the clinic certifying the performance of the procedure is sufficient;
5. There are no conditions established for the surrogate mama or implicit parents to be eligible for the operation of surrogacy (e.g. age, surrogate mama’s connubial status, concurrence of surrogate mama’s hubby, etc). The only demand established for the use of surrogacy is the medical need for surrogacy for implicit maters. No separate substantiation is needed to be submitted to the Civil Registry for the enrollment of the birth of a child. The document issued by the clinic certifying the performance of the procedure is sufficient.
6. Implicit parents are needed to conclude the agreement concerning surrogacy before in vitro fertilization and certify it with the notary. Significantly, the agreement can not be certified by the notary after the embryo is transferred to the surrogate mama’s uterus. The violation of this term will lead to the negative decision of the Civil Registry refusing implicit parents to be recorded as legal parents of the child delivered by the surrogate mama. Either, the parties of similar agreement should be Implicit parents and surrogate mama if no patron is involved in the procedure of in vitro fertilization;
   Implicit parents, surrogate mama and the patron if the patron is involved in the procedure of in vitro fertilization;
   Implicit parents, surrogate maters, and benefactors if the benefactors are involved in the procedure of in vitro fertilization.
   Since the Georgian legislation requires the below-indicated agreement to be notary pukka, it means that the identity of every party of the agreement shall be revealed and can not be maintained nonpublic. The parties of the agreement have to either appear at the notary and subscribe the agreement in the presence of the notary or the parties (either of them) may be represented by another person (s) grounded on valid notary pukka power of attorney (if the power of attorney is issued outside Georgia (Europe), it shall be notary pukka and apostilled).
7. Either, the fact that the child is born as a result of surrogacy should be indicated in the medical reference issued by the motherliness sanitarium where the child is born. Similar reference is transferred electronically by the motherliness sanitarium to the Civil Registry within 5 business days from the birth of the child. The enrollment of the birth of the child is fulfilled by the Civil Registry upon the documents needed by the legislation are filed by implicit parents in the Registry but no latterly than 7 timetable days from the date the medical reference on the birth is submitted. It’s noteworthy that if the documents aren’t submitted to the Registry within this indicated period, or inadequate documents are submitted, the Registry is authorized to refuse enrollment of implicit parents as legal parents of the child. This decision of the Registry may also be moreover appeared in court or civil action might be filed in court claiming for the recognition of maternal rights.
8. Still, Registry provides the applicable information to the Social Service and the ultimate shall determine the name and surname of the Child, If the Registry refuses to register the implicit parents as the legal parents of the child born as a result of surrogacy. In such a case, the birth instrument of the child is issued without indicating the parents of the child. The full guardianship of the child fairly is granted to the Social Service and Social Service may decide to grant the temporary guardianship to implicit parents while the disagreement concerning the recognition of implicit parents as legal parents of the child is eventually settled. It should be underscored that the Georgian legislation prohibits any suggestion of a surrogate mama or/ and the patron in the birth instrument of the child indeed in case of turndown to register implicit parents as legal parents of the child. Also, the law directly determines that the surrogate mama and the patron aren’t entitled to claim maternal rights over the child.
9. There are no references made to the form of surrogacy, in other words, there are no direct regulations whether marketable surrogacy is allowed or whether only humanitarian surrogacy is permitted. Consequently, there are no proscriptions concerning the payments to be made to surrogate maters or other restrictions regarding the conditioning of central agencies. As for the conditions of the Medical Institutions concerning the performance of in vitro fertilization, the medical institutions are needed to gain written informed concurrence from the cases before the inception of such a procedure.
10. Either, the child born as a result of the surrogacy arrangement in Georgia (Europe) can not leave the country, if the birth instrument of the child doesn’t determine both legal parents of the child indeed if the child has a foreign passport.