Gestational Surrogacy in Georgia | Law | Cost | Clinics

Your Comprehensive Guide to Surrogacy Process in Georgia

The dream of building a family can take many beautiful forms. For some intended parents, surrogacy offers a path to welcome a precious child into their lives. Whether due to fertility challenges, a history of pregnancy loss, medical risks, or a desire for a same–sex couple to have a biological child, surrogacy provides a powerful option.

Georgia as a Destination for Surrogacy Process

However, it is important to note that recent legal changes, once approved, may impact eligibility. Therefore, if you are considering surrogacy and egg donation in this country, it is worth noting that while specific laws are not enforced yet, it presents a great opportunity to explore this path to parenthood.

This guide delves into the current legalities of surrogacy in Georgia, including who can access these services, the types of surrogacy allowed, surrogacy cost in Georgia and the streamlined process for establishing legal parenthood. We will also explore the recent proposal to restrict surrogacy for foreign intended parents and the ongoing uncertainties surrounding its implementation.

Surrogacy Law in Georgia

Surrogacy in Georgia is regulated by the Article N143 of the Law of Georgia on Health Care, implemented in December 1997. This law allows the Georgian and foreign couples accessing medically assisted reproduction services, using egg or sperm donation, and gestational surrogacy to treat infertility or prevent the risk of transmission of the genetic disease on a prospective mother’s or father’s side.

According to the Article N143 of the Law of Georgia on Health Care:

“1. In vitro fertilization shall be allowed:

a) To treat infertility, if there is a risk of transmitting a genetic disease from the wife or the husband to the child, using the gametes or embryo of the couple or a donor, if a written consent of the couple has been obtained;
b) If a woman does not have a uterus, by transferring the embryo obtained as a result of fertilization to the uterus of another women (‘surrogate mother’) and growing it there; obtaining a written consent of the couple shall be obligatory.
If a child is born, the couple shall be deemed as parents, with the responsibilities and authorities proceeding from this fact; the donor or the ‘surrogate mother’ shall not have the right to be recognized as a parent of the born child.”

Article 144 states that:

“For the purpose of artificial fertilization it is possible to use female and male reproductive cells or an embryo cryopreserved by the method of freezing.”

The Georgian law limits eligibility of surrogacy services to heterosexual couples only. While the law allows couples with any status (married, unmarried, or in a de facto relationship) to initiate the surrogacy arrangement, it’s important to note that some agencies and clinics have stricter policies. Most professionals, however, work with heterosexual couples regardless of marital status, as long as they can demonstrate a committed and stable relationship. Single men and women, married/unmarried and de facto couples in the same–sex relationship cannot access surrogacy services in Georgia.

Types of Surrogacy Arrangements Allowed

Only gestational surrogacy is permitted in Georgia. In this type of arrangement, the surrogate mother does not have a biological connection to the baby. Traditional surrogacy, where the surrogate uses her own egg, is not legal in Georgia.

Additional Considerations:

Commercial Surrogacy: Commercial surrogacy, where the surrogate is compensated for her services, is legal in Georgia.
Age Limits: There is no legal age limit for intended parents in Georgia. However, some clinics may have their own age restrictions.
Referrals: Many surrogacy professionals in Georgia accept referrals from other countries.

Legal Parenthood and Birth Certificates

A significant advantage of surrogacy in Georgia is that intended parents directly become the legal parents of their child born through surrogacy. Unlike some countries, there is no need for additional legal procedures to transfer parental rights from the surrogate. This streamlined process makes Georgia attractive for many couples.

Here are some key points:

Automatic Legal Parenthood: Intended parents are automatically considered the legal parents of the child, regardless of whether embryo, egg, or sperm donation was involved.
Fast Birth Certificate Issuance: Authorities efficiently issue birth certificates within 1 day, listing the intended parents as biological parents.
No Surrogate Involvement: The surrogate mother has no right to intervene or provide consent regarding the registration of intended parents as the legal parents.

This simplified legal process for establishing parenthood is a major benefit for couples pursuing surrogacy in Georgia.

New Law Banning Surrogacy Has Been Discussed & Might Be Introduced Soon

The government proposed ban to prevent foreign couples from accessing commercial surrogacy and IVF services in the country be implemented soon as planned.

The Georgian government has announced it intends to pass the new legislation that would ban medically assisted reproduction and surrogacy for foreigners starting January 01, 2024. Breaking the law will be a criminal offence.

On June 12, 2023 Georgian Prime Minister Irakli Garibashvili and afterwards the Minister of Health of Georgia made public announcement that from January 01, 2024 the government intends to restrict/ban in vitro fertilization and commercial surrogacy services for non–Georgian intended parents who struggle with infertility from visiting the country and hiring women to carry their babies.

The non–commercial surrogacy services will remain legal only on the “principle of altruism” (when the gestational surrogate is reimbursed for medical procedures, pregnancy–related expenses, incidentals and fees associated with labor only and does not receive the compensation for providing baby–carrying services), and exclusively for Georgian couples including those who have a legal status of residents.

After the announcement, the Medically Assisted Reproduction (MAR) Bill was amended making the bill applicable only to the Georgian citizens thus allowing all the MAR medical services including IVF, donation and surrogacy only to the Georgian citizens and banning these procedures for non–Georgians (hereinafter the “Restriction”). In addition, the MAR Bill amended the effective date of the law — the law would have become effective from JANUARY 01, 2025 instead of JANUARY 01, 2024.

Changes in Policy:

December 2023 Update: The introduction of the new law has been postponed indefinitely. Currently, Georgia allows gestational surrogacy.

Current Status: The law is still in draft form and not yet implemented. There are uncertainties regarding existing contracts with Georgian ART facilities and surrogates.

Long–Term Outlook: The future of surrogacy for foreigners in Georgia remains unclear.

Potential Risks for Foreign Couples Opting for Georgian Surrogacy:

Entering new surrogacy contracts might not guarantee refunds if the ban is implemented.
Babies born through illegal arrangements may face difficulties leaving Georgia.

Recommendation: Before committing to a surrogacy arrangement, prospected parents are encouraged to seek independent legal advice from a Georgian attorney with deep knowledge of this area of law and extensive experience of completing such arrangements with a positive result to navigate this evolving situation.

Briefly about the Lawmaking Process:

The proposed surrogacy ban isn’t law yet. It must undergo a review process before it can be implemented. First, it has to be reviewed by various Georgian Committees. After committee hearings, the bill goes to three Parliament Plenary hearings for further review and potential adoption. If Parliament adopts the bill, it’s sent to the President of Georgia for signature. The President has a right to veto the bill and return it to the Parliament with reasoning. The Parliament may reject the President’s reasoning and adopt the law only with the majority votes of the Parliament Members.

Egg and Sperm Donation Process

Legality: Egg and sperm donation are legal practices in Georgia for assisted reproductive technologies (ART) including surrogacy.

Intended recipients:

Intended mothers who are unable to conceive naturally or via IVF due to diminished/empty ovarian reserve, low quality of the oocytes, advanced age, or have already had surgery or other medical issues can use donor eggs.
Hetero couples with male factor infertility when it is impossible to provide or use the intended father’s sperm can apply for using the donor’s sperm.

Non–Anonymous Donation:

Unlike most countries where law protects the donor’s identity, Georgia is an ideal destination for those who are looking for a non–anonymous procedure. Georgian donations are completed through a secure and confidential matching process facilitated by fertility clinics. This openness allows the intended parents to access the following information about potential donors:

Visuals: Donor photos are available to intended parents, allowing them to see the physical characteristics of the donor.
Medical History: Donors undergo comprehensive medical screening to ensure their physical and mental health. Intended parents will receive a detailed report on the donor’s medical history.
Genetic History: Genetic testing is performed on donors to identify any potential hereditary conditions. Intended parents will have access to this information.
Physical Characteristics: Information such as age, height, weight, hair color, eye color, and ethnicity of the donor is usually available to intended parents.

Selection Process:

Intended parents can work with fertility clinics in Georgia to choose a suitable egg or sperm donor. Clinics maintain databases of potential donors who have undergone thorough screening and testing. Intended parents can express their preferences based on various factors like physical characteristics, desired features, medical background, educational attainment, and sometimes even hobbies or interests.

Important Note: While Georgian law allows access to non–anonymous donor information, it’s essential to consult with a lawyer specializing in Georgian ART law. They can advise you on the latest legal nuances and ensure your rights and those of the donor are protected throughout the process.

Requirements for Intended Parents in Georgia

In the Georgian jurisdiction, intended parents are required to provide a medical justification for pursuing surrogacy within the country. This entails demonstrating that they have undergone fertility treatments, exceeding three rounds, either domestically or internationally, with unsuccessful outcomes such as implantation failure, recurrent miscarriage, ectopic pregnancy, pregnancy loss, or stillbirth. Alternatively, intended parents may present medical documentation establishing their inability to conceive or indicating a significant health risk associated with carrying a pregnancy. These stringent criteria aim to ensure that surrogacy is pursued as a legitimate and necessary reproductive option, aligning with the medical and ethical standards upheld in Georgia. Prospective parents are advised to collaborate closely with legal and medical professionals to navigate these requirements and embark on a surrogacy journey that adheres to the jurisdiction’s regulations.

Qualifications for Gestational Surrogates

Georgian Gestational Surrogate is usually a healthy and young woman with a clear background, transparent pregnancy history, non–complicated delivery, and proven fertility status. She is between 20 and 42 years old (some agencies limit the maximum age to 37 or 35 years old), has already completed the basic medical clearance (pre–screened), motivated by the desire to help the couples to have the most precious gift in their lives. Beyond age, surrogates must meet the following requirements:

General:

Have at least one biological child of their own.
No criminal background or restrictions on parental rights.

Medical:

Delivered their most recent child at least 6 months ago (if they were recently pregnant with a second child or completed a surrogacy, they must wait at least 6 months after delivery before another surrogacy).
Be in good physical and mental health.
Free from STDs and other infectious diseases.

Finding a Surrogate in Georgia

There are two main ways to find a surrogate in Georgia: working with a surrogacy agency or finding a surrogate independently. Surrogacy agencies can provide a wider pool of qualified/pre–screened candidates and handle much of the legal paperwork, but their services typically come at a higher cost. If you choose to find a surrogate independently, you will need to carefully screen potential candidates and ensure all legal agreements are in place to protect both you and the surrogate.

Surrogacy Cost in Georgia

Like in any other country where commercial surrogacy is legitimate, the total cost of a surrogacy journey in Georgia can be higher than the one provided initially. There are many factors affecting the estimated fees, and as an intended parent, you should carefully consider these factors to navigate this complex landscape. Here is a breakdown of some of the key variables that can affect the final price tag:

Number of IVF rounds: Multiple IVF attempts will increase the overall cost.
Egg donation: Using donor eggs (local or international) adds to the base price.
Additional services: Additional assisted reproductive technologies used will impact the cost.
Number of embryos transferred: The number of embryos transferred can affect the cost, with some clinics charging per embryo transfer.
Pregnancy factors: Complications during pregnancy, incidentals, lost wages, or other unforeseen issues can lead to additional expenses.

The total cost of a surrogacy journey in Georgia typically ranges between $36,900 USD and $139,000 USD depending on various factors.

IVF Surrogacy

A single–attempt surrogacy program including an IVF using the intended mother’s oocytes and intended father’s sperm and birth package with a cost starting at $36,900 USD.

Pay–per–step bundles cover just one trial, thus, if the pregnancy is not achieved, the clinic may offer the next round using a vitrified embryo or egg donation that is more costly but most likely can be more effective.

The new attempt with a frozen embryo transfer and the same gestational carrier cost starts at $3,900 USD, including legal services (preparing the new contract), fertility drugs for the surrogate, and embryo transfer.

The new fresh IVF cycle using own eggs and sperm generally results into a price tag of $6,369 USD minimum. The base cost covers legal fees for issuing the new contract, a fresh IVF procedure, fertility medication for the surrogate, and transfer of a fresh embryo.

Surrogacy with a Local Egg Donor

A single–attempt program with a Georgian Egg Donor is higher and starts at $39,900 USD ranging up to $47,900 USD.

If the pregnancy is not achieved, the new IVF round can be initiated and a new egg donation can be facilitated. Expect to pay for such egg donation IVF package between $9,900 USD and $11,900 USD, depending on services included. Routinely, the cost covers fresh IVF, egg donor compensation, fertility drugs for the donor and surrogate, at least two blastocysts, and one transfer trial.

Although it is possible to succeed with a single attempt, more couples are choosing the guaranteed packages with unlimited IVF rounds and embryo transfers.

Surrogacy with a Traveling Egg Donor

Intended parents preferring international / global donor should consider additional expenses to the base cost of their program (the costs associated with IVF, and the costs associated with donation).

The cost of international egg donation varies, as it depends on a lot of factors, but an average is $25,000 USD. This includes the agency’s fees, donor travel expenses, egg donor fees and compensation, screening costs, donor insurance, and legal fees but excludes IVF–clinic related expenses and incidental fees associated with complications. When including all costs, the price tag for international donation may exceed $36,000 USD and end up with $69,000 USD, especially, if the intended parents select Premium egg donor, Premium Egg Donation package, and a Live Birth Guarantee.

Surrogacy Only with Existing Vitrified Embryos

For intended parents with embryos deposited at overseas clinics, this option offers an affordable chance for coming back with a baby after the cryotransfer. Total cost of such program starts at $39,000 USD and reaches $49,000 USD.

Some packages may include only one transfer attempt for this price while the others may initiate up to three cryotransfers (additional fees, such as surrogate’s fertility medication, can be charged).

Guaranteed Surrogacy with a Local Egg Donor

Guaranteed packages that provide an unlimited number of clinical procedures (IVF cycles, donations, embryo transfers, etc.) at a fixed cost are the most preferred solutions any intended parent is looking for. The cost of a “Guaranteed surrogacy with a Georgian Egg Donor” this year ranges between $59,000 USD and $69,000 USD for a singleton pregnancy.

If you are expecting multiples (twins) within one gestational carrier, expect to pay an additional fee of $3,000 USD to $10,000 USD for the second infant.

Sibling Guarantee with 2 Surrogates

The Sibling Guarantee ensures the birth of two babies with 2 different surrogates ideally at the same month. This program is often used by couples who want to have a guarantee of coming home with twins. The total cost of this package is usually much higher, as it involves the compensation paid to two gestational carriers, and starts at $119,000 USD, with an average price tag reaching $139,000 USD.

Disclaimer: Costs are approximate and subject to change. It’s important to consult directly with fertility clinics in Georgia for the most up–to–date pricing information.

Premium Fertility Clinics and Surrogacy Agencies in Georgia

Georgia offers a network of more than 30 fertility clinics and surrogacy agencies, with most concentrated in Tbilisi, some in Batumi, and a few in other cities. This abundance of options provides flexibility for intended parents seeking surrogacy services.

For those opting for agency–assisted surrogacy, dedicated case managers are available to discuss program options, estimated costs, and potential additional expenses that might impact the final price tag. Open communication is encouraged – intended parents can ask questions, seek second opinions, and compare various offers before making a decision.

With so many choices available, conducting thorough research before signing any contracts is crucial. Look for clinics and agencies with a proven track record, accreditation by relevant organizations, and positive client testimonials. Don’t hesitate to inquire about success rates, experience with specific situations, and the qualifications of their medical staff and surrogate pool. By conducting a comprehensive research, you can increase your chances of finding the ideal agency for your surrogacy journey in Georgia.

Once you have narrowed down your choices based on your research and priorities, here are some of the leading providers in Georgia to consider:

Disclaimer: Please note that this list is not exhaustive and is not meant as an endorsement of any specific clinic or agency. Always consult with a lawyer before signing any contracts.

Building Your Family in Georgia

Becoming a parent through surrogacy is not an easy feat. It involves complex medical procedures, legal considerations, and emotional challenges. Despite these hurdles, Georgia’s established infrastructure and streamlined legal process for gestational surrogacy remain attractive for many intended parents.

Before embarking on this journey, we highly recommend consulting with an experienced surrogacy lawyer. They can provide the most up-to-date information about surrogacy in Georgia, guidance regarding eligibility, legalities, and potential risks associated with the evolving legal landscape. With thorough research, legal expertise, and the right partner, surrogacy in Georgia can help you achieve your dream of building a family.