Intended parents must be heterosexual couples with a diagnosed infertility condition.
Both intended parents’ names appear on the Georgian birth certificate.
A marriage certificate is often not required.
For legal reasons, all citizens of many European countries need to engage with single surrogates in Georgia.
Neither Spain nor Australia have embassies in Georgia, so couples must engage with their nearest diplomatic mission in order to complete citizenship and passport requirements. Britain has a diplomatic mission in Georgia where citizenship can be processed.
Foreign Intended Parents do not have to travel to Georgia to sign surrogacy contracts, but can instead mail an apostilled Power of Attorney, authorizing surrogacy agency staff to sign on their behalf.
According to Article 144 of the aforementioned law, egg and sperm donation are also allowed, in case the couple needed any of these options. In fact, the identity of donors can be disclosed to the intended parents. As long as they agree, they can even get to know her in person.
As mentioned above, once the child is born, the IPs will be deemed as parents, having all the legal responsibilities and rights derived from it. The surrogate shall not have any rights to the child, and by no means will be recognized as the legal mother of the child.
The following are other aspects to keep in mind:
- The birth certificate is issued within 24 hours from childbirth.
- The names of the IPs will be put on the child’s birth certificate following birth.
- The IPs do not need consent from the surrogate to be registered as the child’s legal parents.
These are major advantages in comparison with other surrogacy destinations, as in most of them it is necessary for the surrogate to relinquish her parental rights in order for the commissioning parents to be considered the legal parents of the child. Although further formalities will be required by their home country, this definitely speeds up the process.
Intended parents from the USA.
US intended parents should be aware of the requirements of the Department of State regarding Assisted Reproductive Technology (ART) and surrogacy abroad. In particular, the conditions prescribed in the Immigration and Nationality Act (INA).
According to the statutory transmission requirements of INA 301 and 309, it is necessary for at least one US intended parent to be biologically related to the child born abroad via surrogate.
Even if the IPs are considered the legal parents of the child by the government of Georgia, they need to meet certain requirements established by the US Department of State in order for the the child to acquire US citizenship at birth.
So, even though the legislation of Georgia allows the use of donor gametes in surrogacy arrangements, intended parents should keep in mind that at least one of them must have a genetic link to the baby. DNA testing will be required to establish a genetic relationship.
Provided that the intended parents meet this criterion, the next step is to apply for a Consular Report of Birth Abroad of an American Citizen (CRBA) and a U.S. passport for the child at the U.S. Embassy in Tbilisi, Georgia.