Legislation in Georgia
In Georgia, surrogacy is legal and governed by specific laws that regulate the rights and obligations of all parties involved in the process.
Requirements for surrogacy
According to Georgian law, in order for surrogacy to be legal, certain requirements must be met. First of all, the woman acting as a surrogate must be at least 25 years old and have given birth to a child of her own. In addition, both she and the intended parents must be Georgian citizens or have legal residence in the country. A written and notarised agreement between all parties involved is also required prior to the start of treatment.
Rights and obligations of the parties involved
Georgian law establishes the rights and obligations of all parties involved in surrogacy. The woman acting as a surrogate has the right to receive adequate medical care and to be compensated for medical expenses, travel expenses and other pregnancy-related expenses. She is also entitled to payment for her services, although the amount must be agreed in advance and cannot be disproportionate to the actual costs.
On the other hand, the intended parents are responsible for providing adequate medical care to the pregnant woman, as well as for covering all expenses related to the surrogacy. They are also responsible for ensuring that the baby is legally registered as their child and for assuming financial responsibility for the care of the baby after birth.
Regulation of international surrogacy
Georgian law also regulates international surrogacy, i.e. when the intended parents are not Georgian citizens or do not have legal residence in the country. In these cases, a special application is required and certain additional requirements must be met, such as the submission of a birth certificate issued by the embassy of the biological father's/mother's country. In addition, prospective parents are required to have legal counsel in Georgia and their country of origin to ensure that all relevant laws and regulations are complied with.
Legal protection
Georgian law also protects the rights of the baby and all parties involved in the surrogacy process. For example, a baby born through surrogacy is legally considered the child of the intended parents from the moment of birth. In addition, all parties involved are required to obtain independent legal advice before signing the surrogacy agreement.
In summary, surrogacy legislation in Georgia sets out the requirements for the practice, the rights and obligations of all parties involved, and the legal protections necessary to ensure a fair and safe process.