Surrogacy Agreements

Surrogacy Agreements: Rights Protection and Legal Guarantees

Georgia is one of the few countries where surrogacy is legally permitted and clearly regulated. This creates a favorable environment for childless couples (genetic parents) who wish to build a family using assisted reproductive technologies. However, the legal simplicity of the process does not mean it is risk-free. A Surrogacy Agreement is a crucial document that defines the relationship between potential parents and the surrogate mother, protects parties from future misunderstandings, and ensures the smooth registration of the child. Without a properly drafted contract, the process can devolve into a difficult legal dispute.

In the surrogacy process, alongside medical procedures, the legal aspect is critical. The agreement must regulate not only financial matters but also rules of conduct for the surrogate mother during pregnancy, the allocation of medical risks, and, most importantly, the automatic recognition of parental rights. Legal.ge allows you to connect with lawyers experienced in this niche field who will ensure that your surrogacy agreement fully complies with Georgian legislation and international standards.

What Does a Surrogacy Agreement Cover?

Specialists on Legal.ge ensure the detailed preparation of a surrogacy agreement, which includes:

• Rights and Obligations of Parties: The surrogate mother's obligation to undergo medical examinations and follow doctor's recommendations, and the genetic parents' obligation to reimburse expenses.
• Financial Terms: Compensation amount and payment schedule (e.g., monthly stipend, clothing allowance, final payment after delivery).
• Medical Risks and Decisions: What happens in case of complications, multiple pregnancies, or the necessity of pregnancy termination.
• Behavioral Restrictions: Prohibition of tobacco and alcohol, diet regimen, and travel restrictions in the final months of pregnancy.
• Confidentiality: Secrecy regarding the identity of the parties and details of the process.
• Child Registration: Guarantees that the surrogate mother will not hinder the child's registration and will not claim maternity (which is excluded by law but also confirmed in the contract).

Common Scenarios and Real-World Examples

Surrogacy agreements are needed in various situations:

• Couples with Health Issues: When a woman cannot carry a fetus due to medical indications (e.g., absence of a uterus), but the couple wants a genetically related child.
• Repeated IVF Failures: When multiple attempts at in vitro fertilization have failed, and doctors recommend surrogacy.
• Foreign Couples: Due to Georgia's liberal legislation, many foreign couples come for surrogacy programs. They require bilingual agreements that meet international standards.

Georgian Legal Framework

Surrogacy regulation in Georgia is based on clear legislative acts:

The Law of Georgia on Health Care (Article 143) explicitly permits surrogacy and egg donation if a couple has no children. The law emphasizes that the surrogate mother is not considered the child's parent and has no parental rights or duties over the born child.

The Law of Georgia on Civil Status Acts defines the rules for child registration. In the birth certificate of a child born via surrogacy, the genetic parents (the couple) are directly recorded as parents. The surrogate mother's name is not recorded in the document. For registration, the surrogacy agreement and a certificate of embryo transfer from the clinic are necessary.

Law on Notaries: Although the law does not strictly require mandatory notarization, in practice, and for legal solidity, notarizing the agreement is highly recommended.

Step-by-Step Service Process

Working with a lawyer selected through Legal.ge involves the following stages:

1. Consultation and Eligibility Check: Confirming that the couple meets legal requirements (married or cohabiting heterosexual couple, medical indication).
2. Agreeing on Terms: Negotiating financial and other conditions with the surrogate candidate.
3. Drafting the Agreement: Preparing an individual contract that accounts for all risks.
4. Signing and Notarization: Giving legal force to the agreement before embryo transfer.
5. Post-Birth Support: Legal assistance in registering the child at the Civil Registry.

Why Choose Legal.ge?

Surrogacy is a sensitive topic requiring absolute confidentiality and high professionalism. An incorrectly drafted agreement can jeopardize your parental rights or lead to unforeseen financial obligations. Legal.ge gives you access to lawyers with years of experience managing surrogacy cases. Our specialists protect your interests from the beginning of the process until the child's birth certificate is obtained. Ensure a peaceful future for your family with Legal.ge.