Surrogacy-related disputes represent one of the most complex and specialized areas of Georgian family and civil law. Georgia is among the few countries globally where commercial surrogacy is legal and clearly regulated, making it an attractive destination for both local and international couples wishing to have a child. However, despite the liberal legislation, the complexity of the process, medical risks, and the multi-layered relationships between parties often give rise to legal disagreements. Disputes in the surrogacy process can arise at any stage — from the signing of the contract to the birth of the child and the registration of parental rights. These disputes require not only deep knowledge of legal norms but also consideration of ethical and medical aspects.
Resolving surrogacy disputes involves addressing conflicts of interest between intended parents, the surrogate mother, and in some cases, the egg donor or medical institution. Legal assistance in this category of cases is vital, as the future of the child, parental rights, and the financial obligations of the parties are at stake. The involvement of a qualified lawyer ensures that the dispute is resolved in accordance with Georgian legislation, protecting the best interests of the child and maximizing the consideration of the contractual rights of the parties.
What Does Surrogacy Dispute Service Cover?
Legal services related to surrogacy cover a wide range of disputes that may arise during the validity of the surrogacy contract or after its conclusion. Specialists registered on the Legal.ge platform offer assistance in the following matters:
- Breach of Contract Terms: Disputes related to the non-fulfillment of obligations assumed under the contract by the surrogate mother or the parents (e.g., violation of medical regimen, non-payment of fees).
- Recognition of Parental Rights: Legal problems arising after the child's birth during the issuance of the birth certificate or the registration process as parents, especially when the Civil Registry requires additional evidence.
- Financial Disputes: Disagreements regarding the amount of compensation, unforeseen medical expenses, or reimbursement of the surrogate mother's rehabilitation costs.
- Refusal to Hand Over the Child: Rare but complex cases where the surrogate mother refuses to hand over the child to the parents or demands additional compensation through blackmail.
- Establishment of Genetic Link: Disputes where the genetic link of the child to the potential parents is questioned, which is necessary under Georgian law for the legality of surrogacy.
- Citizenship and Travel Issues: Difficulties arising for foreign couples when it is necessary to obtain citizenship for the child or undergo consular procedures to leave the country.
Common Real-World Scenarios
In practice, surrogacy-related disputes often develop due to unforeseen circumstances. Let's consider several common scenarios:
The first scenario involves the surrogate mother disregarding medical recommendations. For example, if the surrogate smokes tobacco or takes prohibited medications during pregnancy, which could harm the fetus, the parents have the right to demand termination of the contract or compensation for damages.
A second common case is financial disagreement. For instance, complications arose during pregnancy, leading to additional hospitalization and costs. The parties cannot agree on who should cover these expenses — the parents or the insurance company, or whether the surrogate is obliged to cover part of the cost if the complication was due to her fault.
The third scenario concerns the legal status of the child. After the child's birth, the Public Service Development Agency may suspend the issuance of the birth certificate due to documentation flaws (e.g., incorrect form of the notarized contract), requiring urgent legal intervention.
The fourth, and most dramatic scenario, is when the biological parents (commissioning couple) refuse to take the child (e.g., due to the child's health problems or the couple's divorce). In such cases, the surrogate mother is left in an uncertain situation, leading to acute legal disputes over child custody and maintenance obligations.
Georgian Legal Framework and Regulations
Surrogacy in Georgia is clearly regulated by several key legislative acts, creating a solid legal foundation, although resolving disputes still requires knowledge of judicial practice.
- Law of Georgia on Health Care: This is the primary law (Article 143) that explicitly allows surrogacy and egg donation. The law establishes that the couple (potential parents) are considered the parents of a child born via surrogacy, and the surrogate mother does not have the right to refuse to hand over the child.
- Law of Georgia on Civil Status Acts: Regulates the registration of the child's birth. According to the law, biological parents are recorded as parents in the birth certificate based on the surrogacy contract and a medical certificate, without the need for the surrogate mother's consent.
- Civil Code of Georgia: Regulates the contract concluded between the parties, the performance of obligations, and issues of compensation for damages. Most disputes rely on the norms of contract law.
- Law of Georgia on Private International Law: Important for foreign couples, as it determines which country's law applies during a dispute and how a Georgian court decision is enforced abroad.
Process and Stages
The process of resolving a surrogacy-related dispute typically begins with legal consultation and analysis of the contract. The specialist details the existing agreement between the parties and the factual circumstances. The next stage is negotiation — in many cases, disputes can be resolved out of court through mediation or direct communication, saving time and finances. If an agreement cannot be reached, the lawyer prepares a lawsuit and applies to the court. Court proceedings may include the appointment of expertise (e.g., DNA analysis or medical expertise). After the dispute concludes, the lawyer helps the client enforce the decision, whether it involves receiving funds or rectifying documents.
Why Legal.ge?
Legal.ge is the leading platform in Georgia connecting you with lawyers experienced in family and medical law. Surrogacy disputes require narrow specialization, as medicine, ethics, and law intersect here. The specialists presented on our platform possess deep knowledge of Georgian surrogacy practice and international standards. Find a specialist on Legal.ge to protect your rights and ensure the legal transparency of the process.
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