Georgia

Georgia v3

Surrogacy Insights

 

  • The practice of surrogacy is permitted by law, Article 143 Section B, of the Law of Georgia “On Health Care.”
  • Surrogacy has been legally permitted in Georgia since the 2000s and has increasingly gained prominence, with statistics indicating that 98% of all surrogacy cases involve foreign parents. Over the years, Georgia has contemplated discontinuing commercial surrogacy and implemented initial restrictions in 2020, restricting services to heterosexual couples who have been married or cohabitated for at least a year.
  • Compensated surrogacy is permitted.
  • A formal surrogacy agreement is required.
  • Only heterosexual, married couples can be intended parents.
  • At least one of the parents must have a genetic link to the child.
  • The law does not recognize the surrogate as the child’s parent and she cannot change her mind about relinquishing the child.
  • The intended parent’s names are listed on the original birth certificate.
  • A child born through surrogacy doesn’t automatically receive Georgian citizenship. Instead, the child’s citizenship derives from the parent’s country of origin. If neither parent’s country grants citizenship, Georgian citizenship will be provided.
  • Surrogacy is estimated to cost between $60,000 to $80,000, including IVF treatment. Surrogates typically earn $20,000, paid in installments throughout the pregnancy.  However, a large proportion is paid after the birth.

 

Georgia

Future Legal Developments

 

June 2023

As of June 2023, the Georgian government is considering a draft law to allow only altruistic surrogacy. There are also rumors that surrogacy may be limited to Georgian citizens only. These proposed changes have not yet been enacted. 

 

September 2023 

US Embassy (Tbilisi, Georgia) posted an announcement that the Georgian government announced its intention to ban surrogacy for foreigners.  This ban has not yet become law.  If enacted, babies born through illegal arrangements might be prevented from leaving Georgia. (Read the report here.)

 

January 2024

Proposed surrogacy legislation was expected to come into effect on January 1, 2024.  It is anticipated that the new law will prohibit foreigners from engaging in surrogacy services in that country.  In addition, it is believed that only altruistic surrogacy will be permitted.  

 

April 2024

Health Minister Zurab Azarashvili emphasized that his office’s priority regarding surrogacy is to address “unethical and harmful practices” stemming from loose regulations, rather than implementing a total prohibition. He suggested the potential adoption of a model allowing surrogacy solely for altruistic purposes, rather than commercial gain.

 

 

Georgia v2