The best surrogacy Legislation
- Published on Monday, 01 April 2013 10:56
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Since 1997 ovum and sperm donation and surrogacy is legal in Georgia.
According to the law a donor or surrogate mother has no parental rights over the child born.
According to the Georgian law, in case of the child born by a surrogate mother the couple and not the surrogate mother will be registered as parents of the child. Even in case an embryo obtained from an egg or spermatozoon which was obtained not from the infertile couple, but from a donor is transferred into the uterus of the surrogate mother, the couple will be deemed as legal parents of the child. The birth certificate will be issued immediately after the child's birth, within 1 day. The couple will be registered as parents in the birth certificate. The surrogate mother will not be registered in the birth certificate. Thus a birth certificate of the child born by a surrogate mother does not differ from the birth certificate of other children. Consent of the surrogate mother is not required for registration of the infertile couple as parents. The following will be required for registration of the couple as parents: Surrogacy Agreement made by the couple, certificate of embryo transfer into the uterus of the surrogate mother issued by the IVF clinic and certificate of the fact of childbirth issued by maternity hospital. The procedure of issuance of the birth certificate is simple and does not require hiring a lawyer. The parents will have a right to take their child to their country any time after the child certificate has been issued.
You can see Laws of Georgia on Surrogacy on the website of the Parliament of Georgia. The laws are in Georgian.
Law of Georgia “On Health Protection”
Article 143. Extracorporeal fertilization (IVF) is allowed:
a) For the purpose of treatment of infertility, as well as in case of risk of transmission of genetic disease on a wife’s or a husband’s part, by using sex cells or an embryo of the couple or a donor, if the couple’s written consent has been obtained.
b) If a woman has no uterus, for the purpose of transfer and growth of the embryo obtained as a result of fertilization to the uterus of another woman (“surrogate mother”). The couple’s written consent is obligatory.
The couple is considered to be parents in case of the childbirth with the responsibility and authority ensuing from it. A donor or a “surrogate mother” has no right to be recognized as a parent of the born child.
For the purpose of artificial fertilization it is possible to use female and male sex cells or an embryo conserved by the method of freezing. The time of conservation is determined according to the couple’s will by established procedure.