Introduction

In Georgia there is no specific separate law/statute regulating only assisted reproductive technologies (the “ART”) or either of its method including surrogacy. The basic regulations concerning surrogacy and ART in general are outlined in the Article 141, 143 and 144 of the Law of Georgia on Healthcare.

Only heterosexual couples are allowed to apply, but the law does not require genetic connection with at least one of the parents neither request that the couple be legally married. So single couples can also apply.

Surrogacy

As a result of the analyses of the regulations provided in the laws of Georgia it may be concluded that In Vitro Fertilization may be performed in the following ways: In vitro fertilization with the use of the couples’ or donor’s gametes or embryos, fertilization with the donor’s sperm, in vitro fertilization with the use of a surrogate and the use of frozen gametes or embryos during in vitro fertilization.

According to this wording in order for the surrogacy to be performed, apart from obtaining the written consent of the couple (potential parents) the law requires non-existence of the potential mother’s uterus as a pre-condition for the commencement of such a procedure. This is considered as a drawback of the law in practice interpreted as requiring the medically determined health state of the potential mother thus not having the ability to impregnate and bear the child, in other words, medically evidenced need for surrogacy.

Despite the fact that the law does not directly refer to the permitted forms of surrogacy, it is interpreted as allowing gestational surrogacy (where the surrogate mother is only a gestational carrier and does not provide her own oocyte for fertilization) and prohibiting traditional surrogacy (where the surrogate mother has a genetic link to the child).

In addition, the law does not directly require that the child born as a result of surrogacy should have a genetic connection with at least one of the parents neither it directly states such availability. However, such possibility may be indirectly determined under the regulations set forth by the Order of the Minister of Justice on the Establishment of the Rule on Registation of Civil Acts, adopted on January 01, 2012 (Article Article 19) (hereinafter the “Rule of Registration of Civil Acts”). Article 19 of Rule of Registration of Civil Acts determines the rule of birth registration of the child born as a result of surrogacy arrangements and determines the required documents to be submitted to the Civil Registry in order for the issuance of a birth certificate showing the potential parents as legal parents of the child.

Despite the fact that the Order refers to the procedure of the birth registration, in consideration of its provisions it can be concluded that even if both the oocyte and sperm donors have been involved in the procedure of in vitro fertilization and the received embryo has been transferred to the surrogate mother (gestational carrier), the potential parents not having the genetic link to the child shall be considered the legal parents of the child (provided that all the documents are submitted to the registry in the form and manner as required).

There are no references made to the form of surrogacy, in other words there are no direct regulations whether commercial surrogacy is allowed or whether only altruistic surrogacy is permitted. Accordingly, there are no prohibitions concerning the payments to be made to surrogate mother or other restrictions regarding the activities of intermediary agencies. As for the requirements to the Medical Insitutions concerning the performance of in vitro fertilization, the medical insitutions are required to obtain written informed consents from the patients prior to the commencement of such a procedure.-

In addition, the child born as a result of surrogacy arrangement in Georgia cannot leave Georgia if the birth certificate of the child does not determine both legal parents of the child, even if the child has a foreign passport.

Action Protocols

Approximate costs. CLOSED PRICES upon signing the corresponding contracts.

1) “Georgia IVF Own material” 45.000 U$S (+ DGP 1.500 U$S)

This alternative is for heterosexual couples wishing to perform IVF with own genetic material + embryo transfer to georgian surrogate mother in Tbilisi Clinic + pregnancy and delivery in Georgia.

2) “Georgia” IVF Egg Donation” 47.000 U$S

This alternative is  for heterosexual couples wishing to perform IVF with own sperm + Georgian egg donor selected by photo + embryo transfer to Georgian surrogate mother in Tbilisi Clinic + pregnancy and delivery in Georgia.

3) “Georgia  Frozen Embryos” 43.000 U$S

This alternative is for heterosexual couples who already have vitrified embryos in their local clinic and wish to send them to Georgia to perform the transfer in Tbilisi clinic to a georgian surrogate mother + pregnancy and delivery in Georgia.

4) “Georgia Egg + Sperm Donation” (no genetic connection with the couple) 47.300 U$A (+ DGP 1.500 U$A)

This alternative is for heterosexual couples wishing to perform IVF with no genetic material + embryo transfer to georgian surrogate mother in Tbilisi Clinic + pregnancy and delivery in Georgia.

Reference Clinic

Gagua Clinic

Maternity Hospital in Tbilisi

www.gaguaclinic.ge

Reproart Clinic

The ReproART Georgian-American Center for Reproductive Medicine opened in July 2012.

www.reproart.ge

INITIAL CONSULTATION

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AGAR
Certified Medical Tourism Professional
American Society Reproductive Medicine
European Society of Human Reproduction and Embryology
Association of Reproductive Managers