What does Article 144 Say About Surrogacy in Georgia?

Male and female gametes or embryos that have been frozen for preservation may be used for artificial insemination, as stated in Article 144 of the aforementioned surrogacy laws in Georgia. According to the couple’s will and the agreed protocol, the time of conservation must be determined.

In light of this, the Georgian Legislation governs the requirements for in vitro fertilization-related births. Additionally, the law sets up the conditions under which a child born in Georgia through surrogacy or in vitro fertilization may leave the country.

It should be emphasized that the law regarding the surrogacy process in Georgia enables both commercial and altruistic surrogacy. Besides, Georgia is one of the states that permit in vitro fertilization for financial gain. On the other hand, the statement of the parties’ intentions through the signing of surrogacy contracts — a couple and a surrogate — and their agreement to the crucial provisions in a convoluted written document.

Surrogacy is unquestionably a service contract as per the law related to surrogacy in Georgia. The specified object of the surrogacy contract defines the precise qualities and aspects of the contract.

Although an embryo is not property in the traditional sense of the word, it is undeniable that it has a value that is protected by law. The unique characteristic that sets an embryo apart from other entities, in this case, the capacity to develop into a human following implantation and gestation is what prompts the classification of an embryo as belonging to a separate category.

Although the embryo is not an item in the traditional sense of the word and its involvement in turnover should be prohibited, under the terms of the current legal system, when the embryo existing outside of the body is transferred to others (donation) or is conserved (conservation) on the basis of the parties’ agreement in exchange for payment or for free, it must be considered a specific quasi property to which provisions concerning property must be applicable in certain circumstances. The embryo is thought to belong to the woman. However, a co-ownership exists when the embryo is frozen or implanted in a test tube.

Why keeping up with the laws is crucial for your surrogacy journey

If you are interested in knowing about Surrogacy laws in Georgia, you first need to understand the regulations that have been put into place by the Georgian Law on Health.

The laws of Georgia regulate surrogacy-related matters in a sporadic manner. Moreover, In vitro fertilization is permitted under the first paragraph of Article 143 of Georgian Law “On Health” as follows:

a) Treating infertility using the gametes or embryo of the couple or a donor, given there is a risk in a normal conception, or if the written consent of the couple has been obtained;

b) if a woman does not have a uterus, by transferring the embryo created as a result of fertilization to the uterus of another woman (“surrogate mother”) and growing it there

You must know that obtaining written consent from the couple shall be required in both cases. Besides, it’s crucial to remember that if a child is born, the couple will be considered parents, with all of the obligations and rights that come along with it. On the other side, the born child’s parents cannot be recognized as either the donor or the “surrogate mother.”

Some Surrogacy-Related Legal and Moral-Ethical Issues

Although surrogacy in Georgia is a successful method of treating infertility, it is associated with a number of difficult issues on a moral and ethical level. It is obviously impossible to tackle every contentious issue in this style. As a result, the following issues will be highlighted: 1. If one of the parents dies, the child born through traditional surrogacy will be treated as the surviving parent’s legal heir; 2. If the intended parents disagree after signing the surrogacy agreement but before the fertilized embryo is implanted in the womb of the surrogate mother, the embryo will be destroyed.

“In the event of the death of the father, a child shall be presumed to have been born to the married parents if he or she is born no later than ten months following the death of the father,” states Article 118 of the Civil Law of Georgia and Paragraph 2 of Article 26 of the Law of Georgia “On Civil Acts.”

There is more to know and understand regarding the surrogacy laws in Georgia. While you may not have the time to check all the clauses, you must always take the services of a legal professional in the same regard.