Related to Surrogacy Journey | Posted on October 16th, 2019
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Surrogacy in Georgia
For couples having problems with conceiving children and looking for modern infertility treatments at reasonable costs, Georgia is a great option. The cost of surrogacy in Georgia is a pittance as compared to that in Australia the USA, the UK, and other developed European countries.
However, because of its proximity to and easy accessibility from other European and Middle Eastern countries, Georgia is an easy-to-travel medical tourism destination. Georgia is a potential destination for intended parents who are considering having a baby via surrogacy abroad, as surrogacy is legal since 1997.
To date, intended parents who pursue surrogacy in Georgia usually come from a Israel, Sweden, United States, United Kingdom, China, Germany, Austria, Poland, Spain, Switzerland, Malaysia, Egypt, Canada, Italy, Belgium, Iran, Ireland, Russia, Greece and Turkey for reasons related to too strict regulations and/or elevated costs also, one of the main reasons can be that in Georgia there is no waiting list, once you signed the contract, you will start procedure same day.
The Georgian law only gives married heterosexual couples the right to have a baby through surrogacy. This excludes the possibility for gay couples and singles to become parents via this method.
According to Article 143 of the legislation of Georgia, in particular, the law “On Health”, extracorporeal fertilization is allowed:
[…] if a woman has no uterus—for the purpose of relocation and nurture of an embryo, received as a result of fertilization, into another woman’s (“surrogate mother”) uterus; the couple’s written consent is required.
Even though, as we have just read, Article 143 makes reference only to women without a uterus as potential candidates to have a baby via surrogate, actually the Georgian government accepts cases of Müllerian duct anomalies or medical inability to carry a child until birth as reasons as to why a couple may need a gestational carrier as well.
Prior to starting the treatment, receiving the couple’s written consent is required. Once signed, this written consent will be used to deem the intended parents as the legal parents, with the responsibilities and authorities proceeding from this fact.
It should be noted that the Georgian legislation permits both altruistic and commercial surrogacy arrangements. The compensation and expectations of the parties will be detailed in the surrogacy contract, though.
According to Article 144 of the aforementioned law, egg and sperm donation are also allowed, in case the couple needed any of these options. In fact, the identity of donors can be disclosed to the intended parents. As long as they agree, they can even get to know her in person.
As mentioned above, once the child is born, the IPs will be deemed as parents, having all the legal responsibilities and rights derived from it. The surrogate shall not have any rights to the child, and by no means will be recognized as the legal mother of the child.
The following are other aspects to keep in mind:
The birth certificate is issued within 24 hours from childbirth.
The names of the IPs will be put on the child’s birth certificate following birth.
The IPs do not need consent from the surrogate to be registered as the child’s legal parents.
These are major advantages in comparison with other surrogacy destinations, as in most of them it is necessary for the surrogate to relinquish her parental rights in order for the commissioning parents to be considered the legal parents of the child. Although further formalities will be required by their home country, this definitely speeds up the process.
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