Legal guidelines for surrogacy in Georgia for foreigners in October 2026

Surrogacy in Georgia has been gaining more and more popularity among foreigners every year. Despite the fact that this practice has been legally permitted since 1997, it is precisely in recent years that the scale of surrogacy practice for foreigners has noticeably increased. Due to the prohibition of this practice for foreigners and significant restrictions for its own citizens in Russia, and due to the military situation in Ukraine, the number of those wishing to turn to Georgia for modern reproductive technologies has increased many times over.

Unfortunately, there is no official statistics on births of children born with the help of surrogate mothers on the territory of Georgia.

The last time information on the number of births registered under a surrogacy agreement was published was in 2023, due to the consideration in Parliament of a draft law banning this practice for foreigners. This information was provided within the framework of a parliamentary inquiry and contained the following figures:
Surrogacy:
In 2021 – 308 children;
In 2022 – 806 children;
In 2023 (after 6 months) – 517 children

Is surrogacy legal in Georgia for foreigners (October 2026)?

As of today (October 2026), the practice of surrogacy remains legal for foreigners, no changes have been made to the legislation, and the draft laws have remained at the level of drafts.

What laws regulate surrogacy in Georgia?

Surrogacy in Georgia is regulated by the following normative legal acts:

• Law of Georgia "On Healthcare" (Arts. 143, 144)
• Law of Georgia No. 5562 of 20.12.2011 "On Civil Acts" (Art. 30)
• Law of Georgia No. 2319-II "On Georgian Citizenship" of 30.04.2014 (as amended as of 25.06.2026)
• Law of Georgia No. 2045-IIc "On the Legal Status of Foreigners and Stateless Persons"
• Order of the Ministry of Justice of Georgia No. 18 of 31.01.2012 "Approval of the Rules of Civil Registration" as amended as of 19.06.2026
• Order No. 01-37/No.-No.173 of 24.08.2016, Forms of medical certificate about birth and death, their Filling and sending, LEPL – State Services Development Agency, approving Form 103
• Joint Order of the Ministry of Justice and the Ministry of Internal Affairs of Georgia No. 133-144 of 2016 "On Approval of the Rules of Exit for a Child Born in Georgia through the Surrogacy Procedure"
• Resolution of the Citizenship Commission No. 2 of 04.09.2018

What medical grounds are established by law for the use of surrogate mother services in Georgia?

In accordance with Arts. 143, 144 of the Law of Georgia "On Healthcare" (as amended on 10.06.2026) – hereinafter referred to as the Law on Healthcare –
In vitro fertilization is permitted:
a) for the purpose of treating infertility, as well as in the presence of a risk of transmission of a genetic disease on the part of the wife or husband, using the germ cells or embryo of the couple or a donor, if the written consent of the couple has been obtained;
b) if the woman has no uterus, by transferring and gestating the embryo obtained as a result of fertilization into the uterus of another woman ("surrogate mother"); the written consent of the couple is mandatory.

Despite the fact that the Law specifies the absence of a uterus as the only ground for using surrogate mother services, in practice this method of treatment is widely and successfully applied for any other health pathologies of the future mother. This may be a hereditary disease that prevents the carrying of a pregnancy, numerous failed IVF attempts, mental illnesses and constant use of medications that prevent the carrying of a pregnancy, or the age of the patient. Medical grounds for using surrogate mother services are usually determined at the discretion of the attending physician in the reproductive clinic.

Who is considered the legal parents of a child born on the territory of Georgia under a surrogacy and donation agreement?

In the event of the birth of a child, the couple is considered the parents, with all the ensuing responsibility and rights; the donor or "surrogate mother" has no right to be recognized as the parents of the born child.
This rule is an important guarantee for future parents that neither the surrogate mother nor the donor can a priori have any parental rights to a child born under a surrogacy and donation agreement. No additional consents or statements on the part of the donor or surrogate mother are required for the registration of the newborn baby; they have no right to "change their mind" and keep the child.
For the purposes of artificial fertilization, it is possible to use cryopreserved (frozen) germ cells of a woman and a man or an embryo. The storage time is determined at the discretion of the couple in accordance with the established procedure (Art. 144 of the Law on Healthcare).
It should also be noted that these two articles of the Law of Georgia "On Healthcare" (143 and 144) are the only norms permitting the practice of surrogacy. As you can see, there are no restrictions on the part of citizenship or permanent residence on the territory of Georgia. This means that both citizens of Georgia and foreigners lawfully staying on the territory of Georgia may use the procedure.

Are there requirements enshrined in the Law concerning the genetic relationship between a child born using surrogate mother services and the future parents?

Another important conclusion from the norms of the legislation is that the requirement of a genetic relationship with one of the parents is not established by law. This allows the use of donor + surrogate mother services, as well as donor + donor + surrogate mother, which is unique among countries where surrogacy is permitted. However, when applying the "double donation" procedure, one should take into account the requirements of the country of citizenship of the future parents, since upon returning home many of them will again undergo the procedure of establishing paternity, and if a genetic link with the child of at least one of the parents is not established – and in most cases a genetic link specifically between the father and the child is required – problems may arise.

The next Law regulating surrogacy in Georgia is the Law "On Civil Acts." In particular, Art. 30 determines the procedure for registering children born as a result of the use of assisted reproductive technologies. It states that the registration of the birth of a child born as a result of in vitro fertilization is carried out in accordance with this law, the Law of Georgia "On Healthcare," and the procedure established by order of the Minister of Justice of Georgia.

What requirements are imposed on the surrogacy and donation agreement?

As we can see, Georgian legislation also does not establish requirements for the surrogacy and donation agreement. The legislator immediately moves on to the most important stage – the registration of the birth of the baby – leaving the surrogacy agreements themselves without special attention. As a rule, such an agreement is concluded with provisions stipulated at the discretion of the parties and is governed by the general rules for concluding civil contracts. That is precisely why, at this stage, the support of a lawyer is very important, who will help draft the agreement in such a way that in the future no disagreements arise between the parties in the event of various life situations, since the process of conceiving a child using assisted reproductive technologies, as well as the process of carrying and giving birth to a child, is quite lengthy. It is necessary to clearly stipulate the monetary compensation for the health of the surrogate mother and the donor, the possible health risks, and the liability of the parties.

The only requirement of the legislation is that in the case of using donor material, the donor is obliged to sign the agreement before a notary, i.e., the donor in Georgia is not anonymous, and the agreement itself must be signed before the implantation of the embryo into the uterus of the surrogate mother – in the case of frozen embryos, and before their creation – in the case of fresh (more rare in practice) transfer.

What document regulates the registration of a child's birth and what documents must be submitted?

Order of the Ministry of Justice of Georgia No. 18 (as amended as of 19.06.2026), approving the procedure for registering acts of civil status, is perhaps the most important and most detailed document regulating surrogacy on the territory of Georgia – hereinafter referred to as Order No. 18. This becomes obvious from the list of documents required for registering the birth of a child born as a result of the use of assisted reproductive technologies.

Article 19 of this Order establishes:
1. For the registration of the birth of a child born as a result of in vitro fertilization, along with the documents provided for by the legislation of Georgia, the following must be submitted to the civil status registration body:
a) A certificate confirming in vitro fertilization (Appendix No. 2), issued by the medical institution immediately after embryo implantation, but no later than the next working day. The said certificate must be signed/certified by a qualified electronic signature/qualified electronic seal in accordance with the Law of Georgia "On Electronic Documents and Electronic Trust Services";
b) An agreement concluded before the creation of the embryo (obtaining the embryo in laboratory conditions by merging biological material) (except for the case provided for by paragraph 2 of this article), corresponding to the specific case, certified by a notarial act:
b.a) between the woman who gave birth to the child (surrogate mother) and the couple who are the genetic parents of the child, or;
b.b) between the woman giving birth to the child, the member of the couple who is the genetic parent of the child, the other member of the couple who is not the genetic parent of the child, and the donor, or;
b.c) between the woman giving birth to the child, the couple, and the donors.
This provision once again confirms to us that in Georgia there is no requirement for a genetic link between the child and the future parents.

Who can use surrogacy services in Georgia?

A couple consisting of a man and a woman whose goal is to raise a child conceived through in vitro fertilization may be a party to the agreement specified in subparagraph "b" of paragraph 1 of this article if they:
a) are married and at least 1 year has passed since the conclusion of the marriage;
b) have actually been living together for at least the last 1 year.

The fact of the actual cohabitation of a man and a woman must be confirmed before a notary by relevant documents (an information-address card confirming the fact of registration at the same address, an extract from the public registry confirming the fact of joint ownership of property intended for common use, a document confirming a religious marriage, or another).
In the event that the documents submitted to the civil status registration body confirm that the embryo was cryopreserved (frozen) after its creation and the period from the creation of the embryo to its implantation does not exceed 10 years, the agreement provided for by subparagraph "b" of paragraph 1 of this article must be concluded before the implantation of the embryo. In such a case, the Agency must be presented with a certificate drawn up before cryopreservation (freezing), indicating the data of the couple who will be determined as the parents of the child after its birth.

What documents are needed if the embryos were created in one clinic and the transfer was in another clinic?

If the creation of the embryo (obtaining the embryo in laboratory conditions by merging biological material) did not take place in the medical institution performing the embryo implantation, the relevant information about the embryo must be reflected in the certificate confirming in vitro fertilization, according to the document confirming the creation of the embryo, which must be attached to the certificate confirming in vitro fertilization.

This provision of the Procedure must be treated with particular caution already at the stage of deciding on the use of surrogate mother services. In the event that the embryos were created in another country (not in Georgia), it must be borne in mind that special requirements are imposed on certificates issued by a foreign clinic. In particular, the information on the creation of embryos must include information on whose biological material was used in creating the embryos, indicating the date of the IVF procedure itself, as well as indicating the date of freezing. This document must contain the signature of the attending physician (reproductologist, embryologist) with notarial certification of his identity and title (medical qualification and position in the clinic). The document must subsequently be apostilled. In case of non-compliance with the above requirements, the birth registration body reserves the right to refuse registration of a child born on the territory of Georgia with the help of surrogate mother services. In case of refusal, the parents will have to go to court to establish parental rights.

The parents of a child born as a result of in vitro fertilization are considered:

a) the genetic parents;
b) the genetic parent and another person to be recorded as a parent in the birth certificate on the basis of the agreement;
c) the couple.
It is inadmissible to indicate the donor or surrogate mother as a parent of the child in the civil status birth certificate.

For the registration of the birth of a child born as a result of in vitro fertilization, an application must be submitted by both parents. In the event that one of the parents died after the conclusion of the agreement specified in subparagraph "b" of paragraph 1 of this article – before the birth of the child, or is recognized as a recipient of support, the birth is registered only on the basis of the application of the other parent.

If the medical birth certificate indicates the birth of a child as a result of in vitro fertilization, the civil status registration body registers the birth within 5 working days from the day of submission of the documents provided for by this article. The documents necessary for registration must be submitted to the civil status registration body within 7 calendar days from the day of submission of the medical birth certificate. In case of failure to submit the documents within the specified period, as well as failure to pay the fee within the same period, the civil status registration body adopts a decision to refuse registration of the birth with the requested data (except for the case provided for by paragraph 7 of this article). In this case, the parents of the child are not indicated in the civil status birth certificate, and the name and surname of the child are indicated in the civil status birth certificate on the basis of the application of the guardianship and curatorship body.

It should be taken into account that the medical birth certificate indicates the woman who gave birth to the child (in this case – the surrogate mother). In practice, the period for obtaining a birth certificate for a child born as a result of IVF and surrogacy is up to 2 weeks. This certificate, as a rule, is translated into the language of the country of origin of the parents and is apostilled – for its further use at the Consulate and abroad.

What happens if the documents for registering the child's birth are made with errors?

In the event that the certificate on in vitro fertilization submitted to the civil status registration body, provided for by subparagraph "a" of paragraph 1 of this article, is filled out incorrectly/incompletely and/or the documentation confirming the relevant circumstances is not attached to the certificate, the civil status registration body sets a period of 15 working days and sends a corresponding notification to the relevant medical institution to eliminate the deficiency. In the event that the deficiency is not eliminated within the established period, the civil status registration body applies the measures provided for by paragraph 6 of this article.

From the above provisions of Order No. 18, it becomes obvious that there are more than enough requirements for documents. Even the slightest technical error in the content can cause a serious delay in the registration of the birth. In fact, the preparation of documents for registering the birth of the baby must begin from the very beginning – even before the moment of the first transfer. Only in this case does the Law guarantee the unhindered issuance of a birth certificate indicating the names of the future parents as the legal parents of the child.

What happens if a stillborn child is born?

If, as a result of in vitro fertilization, a stillborn child is born and between the persons specified in subparagraph "b" of paragraph 1 of this article there is a notarized agreement, regardless of whether the other requirements established by this article for the registration of the birth of a child born as a result of in vitro fertilization are met, the birth of the stillborn child is registered with the data of the parents. In the event that the relevant agreement is not submitted to the civil status registration body within the period specified in the same article, the birth is registered in accordance with the general rule, without indicating the parents of the child in the birth record.

What happens if the registration body refuses to issue a birth certificate?

It is also interesting that in the event of a refusal by the registering body to register the birth of the child and issue a birth certificate, the Law does not establish a further procedure. Therefore, in such cases, the only way out is often to go to court – to recognize parental rights under the general procedure for considering civil claims. This path, of course, is extremely undesirable, since in this case the court will consider the case objectively with all the ensuing consequences: DNA examination, consideration of the grounds for using the IVF procedure with surrogate mother services, consideration of the case on the merits, taking into account the protection of the rights and best interests of the newborn child. The most important task of the lawyer accompanying the surrogacy process in Georgia is to prevent such a situation and to prepare the documents from the very beginning in the best possible way, since the consideration of such a case may last from 3 months to 1.5 years.

Is it mandatory to obtain a birth certificate for the child in Georgia if the country of citizenship of the parents itself issues a birth certificate?

Obtaining a birth certificate for a child born in Georgia using the IVF and surrogacy procedure is a necessary requirement of Georgian legislation. In accordance with Art. 49(1) of the Law of Georgia "On the Legal Status of Foreigners and Stateless Persons" (as amended as of 25.06.2026), the exit from Georgia of a child born in Georgia by in vitro fertilization (surrogacy) is possible only if the civil status birth record made by the public legal entity operating in the field of administration of the Ministry of Justice of Georgia – the State Services Development Agency – indicates both parents of the child.

The procedure for the exit from Georgia of a child born in Georgia by in vitro fertilization (surrogacy) is determined by a joint order of the Minister of Justice of Georgia and the Minister of Internal Affairs of Georgia.

It is interesting that in the joint order itself, the grounds for refusal to cross the border include not so much the absence of registration of the birth of a child born on the territory of Georgia by surrogacy, indicating the names of both parents, but rather the absence of the very fact of birth registration. Thus, in parts 1 and 2 of Art. 5 of this joint order it is stated that in the event that the child leaving the territory of Georgia presented at the border checkpoint does not have an "entry" mark recorded, the authorized employee of the Ministry of Internal Affairs of Georgia checks the child's data in the Agency's database specified in Article 3 of these Rules and carries out his identification.
If, on the basis of the information stored in the Agency's database specified in Article 3 of these Rules, it turns out that the child leaving the territory of Georgia for the first time was born in Georgia by in vitro fertilization (surrogacy) and his civil status birth record issued by the Agency does not indicate both parents, or no civil status birth record has been registered in his name by the Agency, the authorized employee of the Ministry of Internal Affairs of Georgia is obliged to adopt a decision to refuse the removal of the child from Georgia (crossing the border).

However, in practice, even if a birth certificate for the child in Georgia was issued without indicating the names of the parents, Georgian border control refuses exit from the territory of Georgia on the basis of the provision of Art. 49(1) of the above-mentioned Law on the Legal Status of Foreigners and Stateless Persons. That is, it is impossible to leave the territory of Georgia without a birth certificate for the child issued by the registration bodies of Georgia indicating the names of his/her parents, even if such a birth certificate has already been issued to the child by the country of citizenship of his parents.

What citizenship will a child born in Georgia by surrogacy receive? Is it possible to obtain Georgian citizenship?

After obtaining the child's birth certificate, the next step will be to recognize him as a citizen of the country of origin of the parents and obtain a travel document (passport) for crossing the border. This stage depends entirely on the position of the state of which the child's parents are citizens. Depending on the readiness and efficiency of the Consulate of the foreign state to help resolve the issue of the parents' exit with the child from the territory of Georgia, the process of obtaining citizenship and a passport or other travel document for the child may take from 2 weeks to several months from the moment of applying to the Consulate. Some states have a sharply negative attitude towards the practice of surrogacy abroad and therefore react accordingly. For example, Spain does not recognize such a child as its citizen and immediately refuses the acquisition of citizenship. Fortunately, in Georgia there is a solution to this problem.

In accordance with paragraph B) of Art. 10 of the Law of Georgia "On Citizenship"
and with paragraph B) of Art. 25 of Resolution No. 2 of the Citizenship Commission of 4.09.2018 (as amended as of 31.07.2025), a person born on the territory of Georgia as a result of in vitro fertilization (surrogacy), if none of the countries of citizenship of his parents considers him its citizen, acquires Georgian citizenship by birth.

This rule is a particularly important advantage when choosing a country for surrogacy for those states that do not recognize children born as a result of the surrogacy procedure as their citizens. Practically no state where surrogacy is permitted by law regulates the procedure for obtaining citizenship administratively in the event of refusal by the country of citizenship of the parents. Usually, if the state of the parents' country refuses to grant citizenship, obtaining citizenship of another country is possible only through court proceedings. It should be borne in mind that the procedure for obtaining Georgian citizenship by birth for a child born on the territory of Georgia as a result of IVF and surrogacy can be initiated only if there is a written refusal to recognize the child as a citizen of the country of citizenship of the parents.