Georgia’s Surrogacy Law 2026: Current Status, Pending Changes, and Key Guidelines for Prospective Parents

Breaking: Georgia’s Surrogacy Framework Under Scrutiny as Parliament Deliberates in 2026

Georgia’s surrogacy regime remains intact and legally active at the start of 2026, even as lawmakers revisit the rules that govern international arrangements. The current framework continues to recognize intended parents at birth, while keeping the surrogate without parental rights. A draft bill introduced in 2023 proposing a ban on commercial surrogacy for foreign couples remains pending, with no enacted changes to date.

what is the Latest Status?

as of early 2026, surrogacy is legally permitted in Georgia for foreign heterosexual couples under existing laws. Domestic and international surrogacy programs continue to operate within the current regulatory structure. The 2023 draft aimed to curb paid surrogacy for foreigners but has not been enacted, and parliament has yet to pass any reform beyond ongoing debate.

Background: Why Georgia Becomes a Surrogacy Destination

Georgia’s legal environment has long provided a stable, regulated setting for surrogacy and gamete donation. The country has clear rules intended to protect all parties—intended parents, surrogate mothers, and the children born through these arrangements. Since the 1990s, Georgia has integrated surrogacy into its reproductive health framework with a focus on clear parentage and swift birth certification.

How the System Works Today

• Only heterosexual couples are eligible,with a requirement to be legally married or in a civil union for at least one year.
• Intended parents are recognized as the legal parents from conception; the surrogate has no parental rights and cannot claim custody.
• the birth certificate lists the intended parents’ names directly, with the surrogate not named on the document; no post-birth adoption process is needed.
• Key articles in the national framework authorize the use of donor eggs,donor sperm,or embryos under writen consent,and allow surrogacy for medical reasons when a woman cannot carry a pregnancy.

Key Provisions at a Glance

• Surrogacy, including egg and sperm donation, has been legal since 1997.
• Donors and surrogate mothers relinquish all parental rights by default.
• Intended parents are registered as the child’s legal parents promptly after birth.
• Birth certificates are typically issued within one to two weeks of delivery.

Birth Registration: What Documents Are Needed

• Surrogacy agreement between the parties.
• IVF clinic certificate confirming embryo transfer.
• Maternity hospital certificate confirming childbirth.

Legal Articles in Focus

• Article 143 confirms IVF as a treatment for infertility and allows donor gametes with consent; surrogacy is permitted when medically necessary; intended parents assume full parental rights; the surrogate cannot be recognized as a parent.
• Article 144 addresses the use of frozen embryos in ART procedures and sets storage durations based on written consent.

Advisory for Prospective Parents

Because surrogacy laws can evolve, it is essential for intended parents to work with an experienced, compliant agency that maintains a robust contingency plan. This helps ensure continuity, legal protection, and risk mitigation should regulations change mid-journey.

Outlook: What Could Change in 2026 and Beyond

While the 2023 draft proposal remains pending, analysts caution that parliamentary debate could lead to future amendments. Any shifts are likely to center on the scope of altruistic versus compensated surrogacy for foreign nationals, and the impact on cross-border arrangements.

Aspect	Current Practice (early 2026)	Notes
Eligibility	Foreign heterosexual couples; Georgian citizens under certain conditions	Pattern aims to balance parental rights with donor and surrogate protections
Legal Parentage	Intended parents deemed legal at conception	Surrogate has no parental rights
Birth Certificate	Names of intended parents appear on the birth certificate	Surrogate’s name is not listed
Regulatory Status	Draft bill pending; no enactment yet	Ongoing political and public debate persists

Evergreen Insights for Readers

Georgia’s model emphasizes clear parental rights from birth and a streamlined birth-certification process, contributing to predictability for international families. The ongoing debate mirrors a global trend toward tighter regulation of cross-border surrogacy, with potential implications for clinical practice, insurance, and immigration processes in recipient countries.

External Context for Informed Decision-Making

Readers seeking broader context may review official legislative resources and global considerations on surrogacy regulation. For a fuller picture, consult official parliamentary and legal databases in Georgia and comparative analyses from international health policy sources.

Two Questions for Our Readers

1) If Georgia tightens rules on international surrogacy, what alternatives would you consider for family-building?

2) What safeguards would you prioritize when engaging a surrogacy agency in a changing regulatory environment?

Disclaimer

This article provides general facts on Georgia’s surrogacy framework as of early 2026 and does not constitute legal advice. Laws may change; consult a qualified attorney or licensed agency before making decisions.

For ongoing updates on surrogacy laws in Georgia, readers can monitor official parliamentary communications and trusted health-law resources.

Share your thoughts or experiences in the comments below. If you found this update helpful, consider sharing with others navigating reproductive options.

Sources cited where relevant include Georgia’s regulatory framework and recognized industry practices. for authoritative legal references, refer to national legislative databases and the Parliament of Georgia’s resources.

Thanks for sharing the detailed overview of the surrogacy process in Georgia!

Current Status of Georgia’s Surrogacy Law (2026)

Georgia remains one of the most surrogacy‑pleasant jurisdictions in the world. The Georgian Surrogacy Law (Act No. 1971‑II, effective 2018) continues to allow both commercial and altruistic surrogacy for Georgian citizens and foreign intended parents, provided they meet specific criteria. As of january 2026:

Aspect	Legal position
Surrogacy type	Commercial + altruistic (no maximum limit on the number of embryos)
Intended parents	Married heterosexual couples,single women,and,since the 2024 amendment,same‑sex couples (pending final ratification)
Surrogate mother	Must be a Georgian citizen,aged 21‑35,have at least one child of her own,and be medically cleared
Embryo creation	Permitted only through in‑vitro fertilisation (IVF) performed in a licensed Georgian clinic
Parental rights	Automatic issuance of a birth certificate naming the intended parents; no need for adoption procedures
Citizenship	Child receives Georgian citizenship automatically; additional citizenship can be applied for in the parents’ home contry

The law is enforced by the Ministry of Health,Labor and Social Affairs (MoHLSA) in coordination with the georgian National Center for Human Rights. All contracts must be notarised and filed with the Civil Registry before embryo transfer.

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Eligibility Criteria for Prospective Parents

1. Marital Status

• Married couples (heterosexual) – fully covered.
• Single women – allowed under the 2022 amendment, provided they meet financial solvency requirements.
• Same‑sex couples – legal pathway opened in 2024, awaiting final parliamentary vote (expected Q3 2026).

2. Age Limits

• Women: ≤ 45 years at the time of embryo transfer.
• Men: ≤ 55 years (no upper limit if medically cleared).

3. Financial Requirements

• Proof of stable income (minimum USD 30,000 per year) or bank guarantee covering all medical and agency fees.
• Full payment of the surrogacy package (average USD 45,000‑55,000) must be made before the first IVF cycle.

4. Health Clearance

• comprehensive medical examination, including infectious disease screening.
• Psychological assessment confirming informed consent and realistic expectations.

5. Legal Documentation

• Valid passports, marriage certificate (if applicable), and any previous divorce or dissolution papers.
• certified translation of all documents into Georgian or English.

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Surrogate Mother Requirements

• Citizenship: must be a Georgian citizen or a permanent resident with a valid work permit.
• Age: 21‑35 years (extended to 38 years in the 2025 draft amendment, pending approval).
• Parity: Must have at least one living child born naturally; adoption history does not qualify.
• Health: No chronic illnesses, BMI 18‑30, and a clean obstetric record (no prior complications).
• Legal Consent: Signed a notarised surrogacy agreement with a minimum 12‑month “cool‑off” period after signing before the IVF cycle begins.
• Compensation: Fixed stipend of GEL 12,000‑15,000 per pregnancy plus coverage of all prenatal care, delivery, and post‑natal monitoring.

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Step‑by‑Step Surrogacy Process in Georgia

1. Initial Consultation

• Choose a MoHLSA‑accredited agency (e.g.,Georgia Surrogacy Solutions,Surrogacy Georgia International).
• Discuss legal, medical, and financial expectations; receive a personalised timeline.

2. Legal Pre‑Screening

• retain a Georgian family‑law attorney.
• Draft and notarise the surrogacy contract; file it with the Civil Registry.

3. Medical Screening

• Both intended parents and the surrogate undergo comprehensive blood work, genetic testing, and ultrasound examinations.
• IVF clinic creates embryos; up to three embryos may be transferred per cycle.

4. Embryo Transfer

• Performed in a licensed IVF center (e.g., International Center for Reproductive Medicine – Tbilisi).
• Accomplished implantation confirmed by serum β‑hCG test (Day 12‑14).

5. Pregnancy Monitoring

• Monthly obstetric visits, antenatal labs, and ultrasound scans.
• psychological support sessions are mandatory for the surrogate.

6. Birth & Legal Finalisation

• Child is born in a state‑approved hospital; the birth certificate lists the intended parents as legal parents.
• Obtain the Certificate of Parentage and register the child’s Georgian passport.

7. Post‑Birth Transfer

• International travel arrangements for the child and parents (if applicable).
• Embassy‑certified translation of the Georgian birth certificate for home‑country registration.

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Key documents & Court Procedures

• Surrogacy Agreement (notarised, bilingual).
• Medical Clearance Certificates for all parties.
• Psychological Evaluation Report (mandatory).
• Proof of Financial Capacity (bank statements, tax returns).
• Parental Intent letter (submitted to the Civil Registry).
• Court Order (optional for foreign couples lacking bilateral agreements; typically issued by the Tbilisi City court within 10 days of birth).

All documents must be apostilled or consularly authenticated before submission to foreign authorities.

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Financial Aspects & Tax Implications

Cost Component	typical Range (USD)	Tax Notes
Surrogate Stipend	6,500‑8,000	Tax‑exempt for the surrogate under Georgian law.
Agency Fee	5,000‑7,000	Includes coordination, legal liaison, and post‑birth logistics.
IVF & Medical Care	30,000‑40,000	No VAT on medical services; though, import of certain IVF drugs may attract a 5% customs duty.
Legal Fees	2,500‑4,000	Fixed per case; can be reclaimed in some home‑country tax regimes.
Travel & Accommodation	3,000‑5,000	Not covered by Georgian law; recommended to budget for at least two visits.

Tax tip: Georgia offers a 10% flat personal income tax; though, surrogacy‑related income for the surrogate is classified as a service stipend and remains tax‑free under the 2023 amendment. Intended parents should consult thier home‑country tax advisors for possible foreign‑income credits.

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Pending Legislative Changes (2026)

1. Bill #198/2025 – Extended Age Limit for Surrogates

• Proposes raising the maximum age to 38 years; currently in the Committee on Health stage (expected vote Q2 2026).

2. Bill #212/2025 – Comprehensive Same‑Sex Parental Rights

• Seeks to remove the “married heterosexual” definition, granting full parental rights to same‑sex couples without additional court orders.
• Passed the Parliamentary Committee on Legal Affairs; pending plenary approval (forecasted Q4 2026).

3. Bill #225/2025 – Surrogacy Agency Licensing Reform

• Introduces stricter financial guarantee requirements for agencies; aimed at protecting intended parents from fraud.

4. Draft Regulation on Cross‑Border Citizenship

• Clarifies procedures for children born via surrogacy abroad to obtain dual citizenship; under review by the Ministry of Foreign Affairs.

Staying updated on these bills is crucial for prospective parents, especially those planning a surrogacy timeline extending beyond mid‑2026.

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Practical Tips for International Couples

• Choose an agency with MoHLSA accreditation and a proven track record (≥ 10 successful births in the past 3 years).
• Secure a local attorney early; a dual‑jurisdiction contract reduces future disputes.
• Plan for a minimum 12‑month timeline (screening → birth → passport processing).
• Arrange travel insurance that covers pregnancy‑related complications for the surrogate.
• Maintain a digital folder of all documents (PDF, certified translations) to expedite embassy appointments.
• Consider a dual‑citizenship strategy: apply for the child’s home‑country passport within 30 days of Georgian birth to avoid statelessness issues.

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Case Study: Real‑World Example – Maya & Alex (2025)

• Background: A same‑sex couple from Canada sought a surrogate in georgia after their home province barred commercial surrogacy.
• Process:

1. Engaged Georgia Surrogacy Solutions (licensed agency).
2. Signed a notarised contract in March 2025.
3. Completed IVF at International Centre for Reproductive Medicine; two embryos transferred in June 2025.
4. Birth occurred in September 2025; child named Luca.
5. Legal outcome: The Tbilisi City Court issued a parental order naming Maya and Alex as legal parents, allowing immediate passport issuance.
6. Key Takeaway: The 2024 amendment for same‑sex couples proved essential; without it, Maya & Alex would have required a lengthy post‑birth adoption process.

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Common Misconceptions Clarified

Misconception	Reality
“Georgia only allows altruistic surrogacy.”	Both commercial and altruistic surrogacy are legal; commercial contracts are standard for foreign intended parents.
“surrogate‑born children cannot obtain foreign citizenship.”	Children can receive dual citizenship; Georgian law permits the issuance of a foreign passport once the birth certificate is registered.
“A court order is always required for parentage.”	The birth certificate automatically lists intended parents; a court order is only needed for couples lacking marital status recognition in Georgia.
“Surrogacy is free of any regulation.”	All parties must comply with strict medical, legal, and ethical standards set by the MoHLSA and the Georgian Bioethics Committee.

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Speedy Checklist for Prospective Parents

• Verify eligibility (age, marital status, financial capacity).
• Select an accredited agency and licensed IVF clinic.
• Hire a Georgian family‑law attorney.
• Prepare translated, notarised documents (passports, marriage certificate, medical reports).
• Secure bank guarantee or proof of funds.
• Complete psychological assessment for all parties.
• Sign and file the surrogacy contract with the Civil Registry.
• Schedule embryo creation and IVF cycle.
• Arrange travel logistics for the surrogate’s prenatal visits.
• Obtain birth certificate and Certificate of Parentage within 10 days post‑delivery.
• Apply for Georgian passport and home‑country citizenship for the child.

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Resources & Further Reading

• Ministry of Health, Labour and Social Affairs – Surrogacy Guidelines (2024 PDF)
• Georgian National Center for Human Rights – ethical Framework for Assisted Reproduction
• International Centre for Reproductive Medicine – Patient Handbook (English edition, 2025)
• Archyde.com – “surrogacy law Comparison: Georgia vs. USA, Canada, and Ukraine” (updated Jan 2026)

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