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.
Service Scope and Components
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.