In Georgia (Europe), there is no specific separate law/statute regulating only assisted reproductive technologies (‘ART”) or either of its method including surrogacy. The following normative acts (some article of these acts) refer to the issues of surrogacy and ART in general:
The basic regulations concerning surrogacy and ART, in general, are outlined in Article 141, 143 and 144 of the Law of Georgia (Europe) on Healthcare, specifically:
141. “Fertilization with the donor’s sperm shall be allowed: a) due to infertility, if there is a risk of transmitting a genetic disease from the husband to the child, or for fertilization of a single woman if a written consent of the infertile couple or the single woman has been obtained. If a child is born, the infertile couple or the single woman shall be deemed as parents, with the responsibilities and authorities proceeding from this fact. The donor shall not have the right to be recognized as the father of the born child”.
The terms used in Article 141 are not quite clear, however, the wording of this article can be interpreted as allowing the use of donor sperm in the fertilization procedure (for example, insemination) provided that fertilization does not refer to in vitro fertilization with the surrogacy program. Such procedure shall be allowed both for the infertile couple and for a single woman provided that the patient signs the informed consent about such a procedure.
“143. 1. In vitro fertilization shall be allowed:
a) to treat infertility if there is a risk of transmitting a genetic disease from the wife or the husband to the child, using the gametes or embryo of the couple or a donor, if a written consent of the couple has been obtained;
b) if a woman does not have a uterus, by transferring the embryo obtained as a result of fertilization to the uterus of another woman (‘surrogate mother’) and growing it there; obtaining the written consent of the couple shall be obligatory.
2. If a child is born, the couple shall be deemed as parents, with the responsibilities and authorities proceeding from this fact; the donor or the ‘surrogate mother’ shall not have the right to be recognized as a parent of the born child”.
Article 144 of the Law of Georgia (Europe) on Healthcare refers to the allowance of the usage of frozen gametes and embryos for artificial fertilization and determines the following:
“144. It shall be possible to use male and female gametes or embryos that have been conserved by freezing for artificial fertilization. The time of conservation shall be determined according to the couples will, under the established procedure”.
As a result of the analyses of the regulations provided in the laws of Georgia (Europe), it may be concluded that In Vitro Fertilization may be performed in the following ways: In vitro fertilization with the use of the couples’ or donor’s gametes or embryos, fertilization with
the donor’s sperm, in vitro fertilization with the use of a surrogate mother and the use of frozen gametes or embryos during in vitro fertilization.
Laws of Georgia (Europe) do not determine the term “Surrogacy”. In terms of the procedure referring to surrogacy, the law of Georgia (Europe) on Healthcare (Article 143) is quite laconic and incomplete in the light of legal accuracy and only determines that In Vitro Fertilization shall be allowed if a woman does not have a uterus, by transferring the embryo obtained as a result of fertilization to the uterus of another woman (‘surrogate mother’). According to this the wording for the surrogacy to be performed, apart from obtaining the written consent of the couple (potential parents) the law requires non-existence of the potential mother’s uterus as a pre-condition for the commencement of such a procedure. This is considered as a drawback of the law in practice interpreted as requiring the medically determined health state of the potential mother thus not having the ability to impregnate and bear the child, in other words, medically evidenced need for surrogacy.
Even though the law does not directly refer to the permitted forms of surrogacy, it is interpreted as allowing gestational surrogacy (where the surrogate mother is only a gestational carrier and does not provide her oocyte for fertilization) and prohibiting traditional surrogacy (where the surrogate mother has a genetic link to the child).
As for the forms of gestational surrogacy itself, as mentioned above, the law does not make any reference to it. However, it might be interpreted in the following manner: it is allowed to perform in vitro fertilization and embryo transfer procedure with the use of either the oocyte donor or sperm donor and the gamete of one of the potential parents and to transfer the received embryo to the surrogate mother’s uterus. In this case, the child born as a result of such a procedure will have a genetic connection only with one of the parents. Besides, the law does not directly require that the child born as a result of surrogacy should have a genetic connection with at least one of the parents neither it directly states such availability. However, such a possibility may be indirectly determined under the regulations set forth by the Order of the Minister of Justice on the Establishment of the Rule on Registration of Civil Acts, adopted on January 01, 2012 (Article Article 19) (hereinafter the “Rule of Registration of Civil Acts”). Article 19 of Rule of Registration of Civil Acts determines the rule of birth registration of the child born as a result of surrogacy arrangements and determines the required documents to be submitted to the Civil Registry for the issuance of a birth certificate showing the potential parents as legal parents of the child. Specifically, Article 19 determines that in addition to the document certifying the fact of in vitro fertilization issued by the medical institution upon the embryo implantation, the following shall be submitted to the Civil Registry:
Even though the Order refers to the procedure of the birth registration, in consideration of its provisions it can be concluded that even if both the oocyte and sperm donors have been involved in the procedure of in vitro fertilization and the received the embryo has been transferred to the surrogate mother (gestational carrier), the potential parents not having the genetic link to the child shall be considered the legal parents of the child (provided that all the documents are submitted to the registry in the form and manner as required).
For the potential parents to be recorded as legal parents of the child delivered by the surrogate mother the following requirements should be met:
1. In vitro fertilization and embryo transfer to the surrogate mother’s uterus shall be performed in a clinic and the document issued by the clinic shall certify the performance of such a procedure;
2. In Vitro fertilization may be performed either with the use of:
3. Surrogacy cannot be used by a single potential parent or same-sex couple. Potential parents must be a heterosexual couple. No evidence of registered marriage or another form of relationship between the couple is required;
4. No proof of the DNA test is required; the document issued by the clinic certifying the performance of the procedure is sufficient;
5. There are no requirements established for the surrogate mother or potential parents to be eligible for the application of surrogacy (e.g. age, surrogate mother’s marital status, consent of surrogate mother’s husband, etc). The only requirement established for the use of surrogacy is the medical need for surrogacy for potential mothers. No separate evidence is required to be submitted to the Civil Registry for the registration of the birth of a child. The document issued by the clinic certifying the performance of the procedure is sufficient.
6. Potential parents are required to conclude the agreement concerning surrogacy before in vitro fertilization and certify it with the notary. Significantly, the agreement cannot be certified by the notary after the embryo is transferred to the surrogate mother’s uterus. The violation of this term will lead to the negative decision of the Civil Registry refusing potential parents to be recorded as legal parents of the child delivered by the surrogate mother. Besides, the parties of such agreement should be:
Since the Georgian legislation requires the above-indicated agreement to be notary certified, it means that the identity of every party of the agreement shall be revealed and cannot be maintained confidential. The parties of the agreement have to either appear at the notary and sign the agreement in the presence of the notary or the parties (either of them) may be represented by another person (s) based on valid notary certified power of attorney (if the power of attorney is issued outside Georgia (Europe), it shall be notary certified and apostilled).
7. Besides, the fact that the child is born as a result of surrogacy should be indicated in the medical reference issued by the maternity hospital where the child is born. Such reference is sent electronically by the maternity hospital to the Civil Registry within 5 business days from the birth of the child. The registration of the birth of the child is fulfilled by the Civil Registry upon the documents required by the legislation are filed by potential parents in the Registry but no later than 7 calendar days from the date the medical reference on the birth is submitted. It is noteworthy that if the documents are not submitted to the Registry within this indicated period, or insufficient documents are submitted, the Registry is authorized to refuse registration of potential parents as legal parents of the child. This decision of the Registry may then be either appeared in court or civil lawsuit might be filed in court claiming for the recognition of parental rights.
8. If the Registry refuses to register the potential parents as the legal parents of the child born as a result of surrogacy, Registry provides the relevant information to the Social Service and the latter shall determine the name and surname of the Child. In such a case, the birth certificate of the child is issued without indicating the parents of the child. The full custody of the child legally is granted to the Social Service and Social Service may decide to grant the temporary custody to potential parents while the dispute concerning the recognition of potential parents as legal parents of the child is finally settled. It should be underlined that the Georgian legislation prohibits any indication of a surrogate mother or/and the donor in the birth certificate of the child even in case of refusal to register potential parents as legal parents of the child. Moreover, the law directly determines that the surrogate mother and the donor are not entitled to claim parental rights over the child.
9. There are no references made to the form of surrogacy, in other words, there are no direct regulations whether commercial surrogacy is allowed or whether only altruistic surrogacy is permitted. Accordingly, there are no prohibitions concerning the payments to be made to surrogate mothers or other restrictions regarding the activities of intermediary agencies. As for the requirements of the Medical Institutions concerning the performance of in vitro fertilization, the medical institutions are required to obtain written informed consent from the patients before the commencement of such a procedure.
10. Besides, the child born as a result of the surrogacy arrangement in Georgia (Europe) cannot leave the country, if the birth certificate of the child does not determine both legal parents of the child even if the child has a foreign passport.
Surrogacy is a process involves insemination of the male sperm into the uterus of the surrogate mother who then carries the embryo of a child till its birth for the Intended Parents. here you can find the list of Top 3 Best Surrogacy Centre in Cyprus, the Middle East with Surrogacy packages, Success Rates, Services & working fertility specialist in Cyprus, Middle East:
As the first ISO 9000 qualified clinic in Northern Cyprus, North Cyprus IVF has been leading the way infertility treatments since its establishment. Our clinic cooperates and collaborates with many prestigious hospitals, scientists and agencies all over the world in order to provide you with the highest quality of treatments available. This collaboration has brought the cutting edge MicroSort technologies to Cyprus in late 2011. The MicroSort technology that allows for highest precision sperm sorting for gender selection treatment is only offered in Mexico and now at our clinic for family balancing reasons. North Cyprus IVF is the only patented clinic to offer this method in the entire world except for the Americas. North Cyprus IVF Centre combines low-cost affordable treatments, the highest level of technology and know-how with high success rates for its patients. Both patients and the IVF centres converge on one ultimate aim – success! This is a common goal for both patients and their fertility specialists. For patients, a Successful fertility treatment translates into a successful pregnancy which will result in a healthy baby nine months later. For IVF clinics, success translates into prestige- it is an indication that the clinic is doing its job right! This makes pregnancy a mutual goal for both patients and their fertility specialists.
The Dogus IVF Centre has become one of Cyprus best clinics in the field of In Vitro fertilization as well as all other fertility treatments for over 20 years. Dogus Fertility Clinic and its team of highly qualified specialists ensure that each case is treated with unique and continuous care, and all treatment is done in an affordable and time-conscious manner. With patients from all over the world, Dogus fertility clinic and its team assure you its most dedicated efforts towards helping your family goals come true. From your very first consultation to the completion of your treatment, Dogus Fertility Clinic assures your state of the art equipment, advanced technological procedures, highest-ranking specialized doctors and above all, meticulous caregivers who will guide you through your journey to successfully attaining a healthy and loving family. In addition to the cutting-edge and uniquely personalized fertility treatment plans, Dogus Fertility Clinic offers In-Vitro Fertilization (IVF), Egg Freezing, Egg Donation, Surrogacy, Pre-Genetic Implantation Screening and/or Diagnosis (PGS/PGD) as well as, above all, the best doctor-patient relationships. With the advancement of Assisted Reproductive Technology (ART), many clinics all over the world now offer various advanced procedures, however, only the most successful clinics match technology with patientcare by putting just as much time and effort into being the best doctors, counsellors, and advisors to their patients.
British Cyprus IVF Hospital, Cyprus has a cumulative 23 years of experience in the fields of IVF, donation and reproductive treatment. Our success rate of 97.82% is attributed to the use of the latest technology together with an experienced professional team of staff. Many tests and methods that are not applied to any other centre in Cyprus are implemented in our hospital. We are transforming the dream of thousands of families into reality every year, with the use of the latest technology such as CGT (Recombine) which enables scanning of hundreds of genetic diseases, ERA test which increases the pregnancy rate, and IMSI which enables selection of the best quality sperm. We are one of the largest families in the world, with over 50,000 healthy IVF baby successfully born over the course of 23 years. Our experienced professional team comprises of the best in this field, together with the use of the latest technology we are maintaining a success rate of 97.82%. We are the only IVF hospital in Cyprus who screens donors medically and genetically endeavouring to provide the healthiest of donors.
Surrogacy is a process involves the insemination of the male sperm into the uterus of the surrogate mother who then carries the embryo of a child till its birth for the Intended Parents. here you can find the list of Top 3 Best Surrogacy Centre in Kenya, East Africa with Surrogacy packages, Success Rates, Services & working fertility specialist in Kenya, East Africa:
Footsteps for Fertility Foundation organizes 5 Kilometer events held annually to promote infertility awareness and educate couples about how to get grants and affordable treatment options for in vitro fertilization, frozen embryo transfers and intrauterine insemination. Footsteps for Fertility Foundation has hosted 26 races in 4 different states since its inception. The efforts of Footsteps for Fertility Foundation and its supporters have provided a total of 144 fertility grants to date! Our Clinical Partners deserve a special thank you for their annual donations and understanding our vision. Footsteps for Fertility Foundation is a charitable organization created to raise awareness surrounding infertility, and provide grants for those who require fertility treatments such as: In Vitro Fertilization, Frozen Embryo Transfer, and Intrauterine Insemination through donations and strategic partnerships with fertility clinics.
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Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to bear a child for another person or persons, who will become the child’s parents after birth. here you can find the list of Top 3 Best Surrogacy Centres in Chandigarh with Surrogacy packages, Success Rates, Services & working fertility specialists in Chandigarh. The best surrogacy centers in Chandigarh are chosen based on surrogacy success rates in Chandigarh, treatment quality, patient’s opinion, doctor’s qualification, and location accessibility:
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Jannee Fertility Centre, the best IVF center in Chandigarh is a young & independent entity that is fighting the problem of infertility. Our center and its team are striving to bring to life the dreams of millions of couples who have difficulty in achieving parenthood naturally. The primary concern of our center is the safety of the patients and their gametes and embryos which constitute the very beginning of a new individual’s life. We understand the distress and the helplessness experienced by the patients; hence a lot of time is spent on the counseling sessions of both the partners. The social, emotional and financial aspects are taken into consideration and we make sure that patients are well informed about the treatment being offered to them, the reason for suggesting a particular form of treatment and alternative therapies available if any. A patient-friendly atmosphere is our quality. We are the first in Chandigarh in introducing the ovum donation and surrogacy program. Our dedicated team caters to patients from India and abroad in collaboration with the leading centers of Punjab for obstetric & gynecological services. Dr. Nirmal Bhasin, the founder of Jannee, is a post-graduate from Minsk who has 16 years of experience in infertility treatment. She has her expertise in In-Vitro Fertilization (IVF or test tube baby) and Intra Cytoplasmic Sperm Injection (ICSI). She’s also a visiting embryologist at various IVF Centers in North India.
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Best IVF Centre in India Delivering Precious Little Bundles of Joy Since 2009 Founded by the globally acclaimed Infertility Specialist and Laparoscopic Surgeon Dr Manika, Gaudium IVF & Gynae Solutions Centre is a leading provider of the highest quality of infertility treatment in India. After serving as Senior Consultant at leading Indian hospitals for over 9 years, Dr Manika founded Gaudium IVF & Gynae Solutions Centre with a vision to bring the best of advanced fertility care to India. Gaudium IVF enjoys the trust of satisfied patients from over 30 countries, whose goodwill has placed Gaudium as the preferred destination for world-class infertility treatment in India. Her consistent efforts to raise the bar for IVF treatment in India coupled with a deep-rooted concern for her patients’ wellbeing have earned Gaudium IVF the distinction of the world’s leading IVF & Gynae Solutions clinic. From the first IVF centre in Delhi established in 2009, Gaudium IVF has grown to 9 state-of-the-art fertility clinics across North India, with several more centres planned pan-India in the coming years. Dr Manika is a Gold Medallist from Baroda Medical College, Gujarat. After completing her MBBS in 1996, followed by MD (Obstetrics & Gynaecology) in 1999, she completed her Diploma Training in Advanced Gynaecological Endoscopic Surgery (D.A.G.E.) at the Department of Obstetrics and Gynaecology, University Hospital Schleswig-Holstein, Campus Keil, Germany. This was followed by an advanced training course in Assisted Reproduction in Humans (IVF) from Melbourne IVF, Australia.
Eva Hospital, Ludhiana, Punjab is a world-class centre specialized in providing high-quality Orthopaedic surgeries, and Assisted Reproductive Technology (ART) services to infertility couples. The IVF (Infertility) Department In a state-of-the-art hospital, Dr Shivani Bhutani never compromises with any woman’s chance of bringing forth a healthy baby. Eva Hospital is presently the number one destination for infertility treatments.Dr. Tanveer Singh Bhutani has handled complex cases at Eva Hospital through his extensive experience from Germany, Luxembourg, Belgium, and the UK. Currently, he is the patient’s best doctor in the Orthopaedics sphere treating the young, adults, and the old. Dr Shivani Bhutani Being a mother is a gift, but at times, it is a total struggle to become one. Dr Shivani Bhutani is a woman and ideally feels the pain of infertility. With special care and attention, she offers infertility treatments, gynaecological services, and family planning services to both Indian and foreign patients.