Types of Surrogacy
There are two types of surrogacy, gestational and traditional. Understanding both forms is one of the earliest things you learn if you are new to researching surrogacy. Each country around the world has regulations or rules on what is permitted before being considered, and Georgia is no different.
Traditional Surrogacy
Traditional surrogacy involves the surrogate using her own egg, creating a genetic link to the child. This type of surrogacy is prohibited by law in Georgia. The surrogate cannot be the egg donor in the same pregnancy — this requirement protects legal clarity around parentage. Surrogacy Insider Programs promoting traditional surrogacy in Georgia fall outside the accepted legal framework and should be treated with caution.
Gestational Surrogacy
Gestational surrogacy is when the surrogate carries a pregnancy using embryos that are not genetically related to her. This is the only form of surrogacy permitted under Georgian law.
Donor eggs, sperm, or embryos may be used with written consent. Because there is no genetic link between the surrogate and the baby, Georgian law allows the intended parents to be recognized as the legal parents immediately after birth, based on the signed surrogacy agreement and medical documentation — with no adoption process required.
Legislation and Legal Requirements
As we have already learned, surrogacy in Georgia is legal and recognised at a national level. The law clearly states and allows gestational surrogacy, which is when a woman, the surrogate mother, will carry an embryo created with the intended parents or donors oocytes and semen (egg and sperm), meaning the surrogate will not have a genetic link to the baby. One of the eligibility criteria in Georgian law is only married heterosexual couples can take part in surrogacy. Unfortunately, same-sex couples or single people are currently not allowed to participate in the programmes available.
Legally, Georgia does have a high degree of clarity and protection in their law. It states the intended parents will be listed on the child’s birth certificate immediately, essentially stopping the need for an adoption process. Due to this automatic legal step, it has become a key reason for why multiple couples choose Georgia over other destinations as they do not require long and unnecessary court procedures. Even more so, the fact that Georgia’s surrogacy agreements are enforceable under civil law makes the country a lot more attractive to many people. There will be a contract signed prior to an embryo transfer, and it sets out the rights and responsibilities for both parties, including compensation, medical insurance and coverage, as well as post-birth procedures. The contract makes sure there is a mutual understanding and reduces the chance of any legal disputes arising during or after the pregnancy.