Formalizing Parentage of a Child Born Through Surrogacy — the Legal Reality
Georgian legislation still contains no special norm directly regulating surrogacy — no separate law on surrogacy has been adopted. The parentage of a child born through surrogacy is therefore formalised under the general rules on the registration of civil acts: first the child’s birth is registered, and then, where the situation requires, the paternity-establishment civil act is registered or a court decision is obtained. The medical side — the rules for the use of assisted reproductive technologies — is defined by sub-legislative acts, that is, it belongs to the sphere of delegated regulation. Within this framework, the lawyer’s role is to fit the general norms precisely to your specific situation and to determine in advance the legal consequence of each step.
The Risk of Legislative Change
Legislative changes in the field of surrogacy are at the discussion stage — clarification is needed. This means that the rules in force today may change, and it is essential, both for planning a family and for the status of a child already born, to re-verify the situation at every stage of decision-making. We manage this risk openly: at the consultation we tell you what is in force today and which questions remain unresolved. Since the exact status of the changes shifts over time, any assurance that „everything will stay as it is“ would be an evasion of responsibility — and that is not how we work.
Birth Registration and the Establishment of Paternity — the Steps
The establishment of paternity is a fact of legal significance — the recognition of a person as the father of a child — whose registration is carried out by the civil acts registration authority on the basis of an application by an authorised person or a court decision. The right to apply belongs, among others, to the parents jointly where they are not married at the moment of the child’s birth. The parents’ joint application concerning a child yet unborn may be submitted already during the mother’s pregnancy — in that case no new application is needed, provided the earlier one has not been withdrawn. And the most practical detail: the registration of paternity is carried out within 1 working day from the submission of the application — the law demands a fast reaction here, so the documents must be prepared in advance.
The Judicial Route and the Amendment of Records
Where paternity is established by a court decision, the court sends its decision to the civil acts registration authority within 5 working days of its entry into legal force; the authority carries out the registration and enters the corresponding amendment into the birth record. A special rule exists for the case where the person named as father in the birth record is not the biological father: registration is then possible on the joint request of the persons named as parents in the record and the biological father, or on the basis of a court decision. With respect to an adult person, registration does not take place without their consent, and where the child’s father is known as a recipient of support, the establishment of paternity is admissible only by a court decision. If the court establishes that the person named in the record is not the father, the record of the paternity-establishment civil act is deemed void.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
Is there a separate law on surrogacy?
No — Georgian legislation still has no special norm directly regulating surrogacy. Parentage is formalised under the general rules on civil acts registration, and legislative changes are at the discussion stage — clarification is needed.
How quickly is the registration of paternity carried out?
Within 1 working day from the submission of the application. Where a court decision is involved, the court sends it to the registration authority within 5 working days of its entry into legal force.
Can the application be filed during the pregnancy?
Yes — the parents’ joint application concerning a child yet unborn may be submitted during the mother’s pregnancy; no new application is then needed, provided the earlier one has not been withdrawn.
What if the record names the wrong father?
Paternity may be established on the joint request of the persons named as parents and the biological father, or by a court decision. An incorrect record is deemed void once the court so establishes.
How We Help on Legal.ge
The advocates of Legal.ge conduct the formalisation of parentage step by step: we determine which route fits your situation, prepare the applications and court documents, monitor the time limits and, where necessary, represent your interests in court. In the conditions of pending legislative changes, every recommendation we give rests on the norms currently in force. Book a consultation — and receive a precise plan for your family, in the office or online.