Since 1997 ovum and sperm donation and surrogacy are legal in Georgia.
According to the law, a donor and surrogate mother have no parental rights over the child.
According to Georgian law, the couple and not the surrogate mother will be registered as
parents of the child. Even in case an embryo obtained from an egg/sperm 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. The couple will be
registered as parents in the birth certificate. The surrogate mother will not be named in the
birth certificate. So, a birth certificate of the child born by a surrogate motherhood method does
not differ from the birth certificate of other children. The consent of the surrogate mother is not
required for the couple’s registration as parents. The following documents 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.
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 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.
Article 144.
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.