The concept of surrogate motherhood, while simple, has come a long way. As a technique, it is millennia old, and even appears in the Bible when certain religious couples, unable to bear children naturally, turned towards a surrogate mother to have a child.

Today, however, surrogacy now uses much more advanced, safe medical technology to help couples start new families with healthy, newborn babies, and it has gone global. Where couples of the past used to be confined to seeking out surrogate mothers in their own city, or maybe state or province, they can now travel to different countries around the world to make their dreams come true.

But why would citizens of other countries leave their nation of residence to do this? Georgia, for example, is a popular destination for hopeful families looking for a surrogate mother, and the differences in laws are one of the big reasons why. We’ll explain here.

What are the different surrogacy laws in various countries?

Surrogacy as a medical procedure is now very well established and understood throughout the modern medical world. However, just because the practice itself is well-documented and not that difficult to carry out, that doesn’t mean it has the same legal status throughout the world.

The biggest reason that some people travel abroad to countries like Georgia is that in their own country, some types of surrogacy are difficult or impossible to secure. In France and Germany, for example, all types of surrogacy are illegal. It means that should a couple risk having a surrogate child in those countries, the surrogate mother would have parental and custody rights. The hopeful father might also have parental rights if his sperm was used, but if not, then neither hopeful parent has any custody rights over a child born in these countries.

How do surrogacy laws in Georgia differ from other countries?

Surrogacy laws in Georgia differ significantly from many other countries by being completely legal and offering ironclad contracts that ensure full parental custody for hopeful parents. Unlike countries where surrogacy is illegal or ambiguous, Georgia's legal framework ensures that once a contract is signed, the outcome for hopeful parents is secure, with the surrogate mother having no legal custody rights.

With the proper contract, once a newborn child is born, the contract stipulates that full parental custody is solely in the hands of the hopeful parents. It is standard in Georgian surrogate mother contracts that the surrogate mother herself doesn’t have any legal custody. This means that even if a surrogate mother changes her mind, once the contract is signed, everything is “locked down.”

Birth Certificate Issuance

As further legal proof, especially when it comes to verification in other countries, a baby that is born through surrogate motherhood will be issued a birth certificate. That birth certificate will only feature the hopeful family as the parents of the child. The surrogate mother’s name will not appear in the document.

Birth certificates in Georgia are very quickly created and certified, and they are normally available to new parents within 24 hours of the birth of a child.

Many Different Surrogacy Methods Are Legal

While some countries have banned surrogacy altogether, Georgia not only legally allows surrogacy, but it embraces all types, which not every country, state or province does. For example, while surrogacy is allowed in throughout most of Canada, the only type of surrogacy allowed is compassionate surrogacy. This is the type of surrogacy where the surrogate mother only receives compensation for living expenses and medical care. In all other ways, her role as a surrogate mother is “volunteer” with no financial recognition of her efforts.

In Georgia, however, traditional surrogacy, gestational surrogacy, compassionate surrogacy and, of course, compensated surrogacy, where the surrogate mother receives financial recognition, are all legal. As a result, there are many more surrogate mother candidates available thanks to this flexibility.

Are there couple limitations for surrogacy in Georgia?

Yes, there are couple limitations for surrogacy in Georgia, specifically for same-sex male couples. While traditional cis-gendered couples (a man and a woman) have access to the full range of surrogate services, Georgian law does not allow surrogacy clinics to provide gestational surrogacy services for same-sex male couples. This contrasts with other regions, such as California, which have no such gender-based restrictions.

However, for same-sex male couples, there are restrictions in place. Georgian law does not allow surrogacy clinics to provide gestational surrogacy services for same-sex couples. However, other states in other nations, such as the state of California, have no such restrictions on the gender of the couple.

What should you be prepared for when considering surrogacy in Georgia?

When considering surrogacy services in Georgia, you should be prepared to do thorough planning and research, especially regarding citizenship issues for the child. It is crucial to investigate how your child will be granted full citizenship status in your country of origin and how you can safely return home. This planning ensures a smooth process and avoids potential legal complications upon your return.