Surrogacy Law

As per the Georgia Surrogacy Laws, commissioning parents are registered as a legal parent of the baby born via a surrogacy arrangement.  No surrogate mother is mentioned in the baby birth certificate, even if a commissioning parent uses an egg donor or sperm donor.

Article 143

Extracorporeal fertilization (IVF) is allowed:

For the purpose of treatment of infertility, as well as in thecase 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.

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.

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.

Baby Birth Certificate

The baby birth certificate can be obtained within 2-4 days after baby birth.  The commissioningparent’s names come in thebaby birth certificate, both Intended Mother name and Intended Father names, no surrogate mother name. 

No consent from asurrogate mother is required for registration of Intended Parents.  To obtain thebirth certificate of thebaby following documents are needed-

  1. Surrogacy agreement of Intended Parents made prior to embryos transfer.
  2. Doctor report about the embryostransfers done in theuterus of surrogate mother from IVF Clinic- Embryology Report/IVF Report.
  3. Certificate of baby delivery issues by maternity hospital where baby delivery is done.

Once the baby birth certificate is obtained, the next step is to apply for citizenship and passport ofthebaby in respective embassies of the commissioning parents.  The time needed to obtain travel documents for baby varies country to country.  Generally, it is expected to have at least 3-4 weeks stay for IPs from baby birth till baby exit. It is advised to consult local family attorny in your country, if needed.

Please feel free to contact us to know more about your specific case.

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