Surrogacy Agreements — the Legal Regime in Georgia
Georgia is one of the jurisdictions where artificial fertilization and surrogacy are directly permitted by the Law on Health Care. This page explains the legal foundations of surrogacy and donor fertilization on the basis of three provisions of that law: the conditions for fertilization with donor sperm, the rules on in vitro fertilization and the transfer of an embryo to a surrogate mother, and the question of parentage of the child born. Every conclusion below rests directly on the text of the law, so you will find what is genuinely regulated — and nothing invented on top of it.
The principle running through this entire regime is the following: upon the birth of the child, the parents are the couple or the single woman whose written consent underpinned the procedure — the donor and the surrogate mother have no right to be recognized as the parent of the born child. This rule is precisely the legal anchor that gives a surrogacy agreement its stability.
Fertilization with Donor Sperm — for Whom and on What Conditions
Under the law, fertilization with donor sperm is permitted because of infertility, in the presence of a risk of transmission of a genetic disease from the husband, or for the fertilization of a single woman — provided the written consent of the infertile couple or the single woman has been obtained. The law thus distinguishes three situations: a couple's infertility, a genetic risk on the husband's side, and a single woman's wish, and in each case the written consent is decisive.
Parentage is settled just as clearly here: upon the birth of the child, the infertile couple or the single woman is considered the parents, with the resulting responsibility and authority. The donor has no right to be recognized as the father of the child born as a result of the fertilization — this norm protects the couple's family from any claims on the donor's side.
In Vitro Fertilization and Surrogacy
In vitro fertilization is permitted for the treatment of infertility and in the presence of a risk of transmission of a genetic disease from the wife or the husband — using the sexual cells or embryo of the couple or of a donor, provided the couple's written consent has been obtained. The law here clearly reflects the donor-related variants: either the couple's own cells or embryo are used, or a donor's sexual cells — confirmed in written form of consent.
The special surrogacy norm is the following: where the woman has no uterus, the transfer of the embryo obtained as a result of fertilization into the uterus of another woman (a "surrogate mother") and its gestation are permitted; the couple's written consent is mandatory. The legal condition for using surrogacy is thus, under the law, the absence of the woman's uterus, and the procedure rests on the couple's written consent.
Parentage and the Status of the Surrogate Mother
Upon the birth of the child, the couple is considered the parents, with the resulting responsibility and authority; neither the donor nor the "surrogate mother" has the right to be recognized as the parent of the born child. This is the central legal guarantee of a surrogacy agreement: regardless of the child's origin, the parents are those who consented to the procedure, not the one who gestated the child.
A practical nuance: because the law denies the surrogate mother any right of parentage, the contractual arrangement should be built precisely on this norm — recognition of parentage, transfer of the child, and the parties' relations all rest on a lawful foundation. At the same time, the proper execution of the written consent is a mandatory condition of the procedure's legality.
Cryopreservation of Cells and Embryos
For the purpose of artificial fertilization it is possible to use the sexual cells of a woman and a man, or an embryo, preserved by freezing. The period of preservation is determined according to the couple's wish, in the manner established. Cryopreservation is thus a legally recognized means, and its duration depends on the couple's decision within the established procedure.
Frequently Asked Questions
Is surrogacy legal in Georgia?
Yes. Where the woman has no uterus, the transfer of the embryo obtained through fertilization into a surrogate mother's uterus and its gestation are permitted by law, with the couple's written consent.
Who are considered the child's parents in surrogacy?
The couple whose written consent supported the procedure. The donor and the surrogate mother have no right to be recognized as parents of the born child.
Can a single woman use donor fertilization?
Yes — the law directly provides for the fertilization of a single woman with donor sperm, with her written consent; she will be the parent of the born child.
How long may an embryo be preserved?
Using cells and embryos preserved by freezing is permitted; the preservation period is determined according to the couple's wish, in the established manner.
How We Help on Legal.ge
The Legal.ge team works in the legal field of surrogacy and donor fertilization: preparing written-consent and contractual documentation, supporting parentage-recognition procedures, and protecting the parties' interests throughout the process. Contact us for a consultation tailored to your situation and grounded in the law's provisions.