Types of Surrogacy
There are two types of surrogacy, gestational and traditional. Each have their own definitions, and we will look at each of these below.
Traditional Surrogacy
Traditional surrogacy is more complicated, and it’s not practiced within Kyrgyzstan. The surrogate uses her own egg, and that creates a genetic link to the baby which can cause legal complexity related to parental rights.
If traditional surrogacy is suggested outside of a clinic or agency environment, it’s usually an indication of an informal or high risk arrangement.
Gestational Surrogacy
Gestational surrogacy is the form used commonly around the world. In Kyrgyzstan, it’s the standard form used because it aligns with modern medical practice and helps make legal parentage simple. The reason for this is the arrangement involves creating an embryo using the intended parents’ genetic material and transferring it to the surrogate’s uterus through IVF. This removes the genetic connection between the surrogate and the baby. Because the surrogate isn’t genetically related to the baby, it reduces disputes such as parental rights, provided the contracts and documents are handled correctly and with care.
Gestational surrogacy arrangements are carried out in fertility clinics with formal contracts being signed. Intended parents are typically recognized as the legal parents through administrative processes after the baby is born too. A reputable clinic or agency will structure your program to your circumstances and exclusively around gestational surrogacy to reduce ambiguity and protect all parties involved.
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.