Surrogacy in Georgia: What Single German Parents Need to Know Before Starting Their Journey

• Single German men or women who want to become parents.

• Individuals facing infertility or medical conditions preventing pregnancy.

• LGBTQ+ individuals who wish to have a biological child.

• Those who have had unsuccessful IVF cycles.

• Individuals with genetic disorders that may affect their child’s health.

• Women who cannot carry a pregnancy due to medical reasons.

1. German Surrogacy Ban: The German Embryo Protection Act makes all surrogacy arrangements (altruistic and commercial) illegal within Germany. Physicians and anyone facilitating such arrangements can face penalties.

2. Complex Parentage Recognition (Domestic & International): German law firmly recognizes the woman who gives birth as the child's legal mother. Establishing legal parentage for intended parents, especially for the intended mother if she is not the birth mother (as is always the case in gestational surrogacy), typically requires a post-birth adoption process in Germany, even if a foreign birth certificate names the IPs.

3. High Cost of US Alternatives: The USA is a common destination for international surrogacy with strong legal protections in many states, but the typical cost of $150,000-$200,000 USD (approx. €140,000-€190,000 EUR) is a major financial barrier.

4. Georgia's Appeal: For eligible heterosexual couples, Georgia offers:

• A legally defined pathway within Georgia for compensated gestational surrogacy.

• Significantly lower overall costs than US programs.

• The intended parents' names being placed directly on the Georgian birth certificate.

• Multiple flights between Germany and Georgia (for IPs).

• Extended accommodation in Georgia, especially during the post-birth period (which can be lengthy due to documentation processes).

• Significant German legal fees for specialist lawyers managing the paternity recognition, step-child adoption, citizenship, and passport applications in Germany.

• Costs of shipping gametes or embryos from Germany/Europe to Georgia, if applicable.

• Comprehensive international travel insurance and specialized newborn medical insurance.

• Living expenses during their stays in Georgia.

• Experience with German Clients: Prioritize agencies with demonstrable experience successfully managing surrogacy journeys for German citizens and a clear understanding of the specific and complex legal requirements for returning to Germany with the child.

• Ethical Standards for Surrogate Mothers: Thoroughly investigate the agency's practices concerning the recruitment, screening, fully informed consent, fair and transparent compensation for the Surrogate Mother Georgia, provision of independent legal counsel for her, and the quality of medical and psychological support provided throughout the pregnancy and postpartum period. Look for agencies that are transparent about their surrogate care model.

• Legal Coordination (Bi-National): Ensure the agency facilitates access to experienced Georgian lawyers for the Georgian part of the process AND strongly advises and supports IPs in engaging their own independent specialist German lawyers from the very beginning.

• Transparency: Demand legally reviewed contracts in a language you fully understand, detailed and itemized cost breakdowns, realistic timelines, and open communication about all potential risks and challenges (including Georgian eligibility, potential regulatory shifts, and the German legal return process).

• Quality Medical Partnerships: Verify the agency's partnerships with reputable and high-standard IVF clinics and maternity hospitals in Georgia (usually in Tbilisi or Batumi).

• Language Support: Confirm the availability of fluent German or English-speaking coordinators and support staff.

• Potentially 1-2 short initial trips for medical procedures (e.g., sperm provision, egg retrieval if using own eggs, contract signing) if not all aspects are managed remotely or via gamete shipping.

• A mandatory extended stay after the child's birth. This post-birth stay in Georgia is often lengthy for German (and other European) IPs, potentially ranging from several weeks to 2-4 months or more. This duration is dictated by the time needed to obtain the Georgian birth certificate and Georgian passport/exit document for the baby, and then to navigate the initial steps of the German consular processes (like paternity recognition, visa for the child if needed before citizenship is fully processed, or passport application). Agencies often assist with long-term apartment rentals in Tbilisi or Batumi.

• Language & Culture: The official language of Georgia is Georgian. English is widely used in international agencies, clinics, and tourist areas. Some agencies may also offer German-speaking support staff due to the volume of clients from German-speaking countries.

• Extreme Distances & Very High Costs: Flights are substantially longer (15-20+ hours minimum) and significantly more expensive.

• Consultation with a Surrogacy Agency – Choose a reputable agency that specializes in surrogacy in Georgia.

• Medical Evaluations – Undergo necessary fertility tests and sperm/egg retrieval if needed.

• Matching with a Surrogate – Select a pre-screened, healthy surrogate.

• Legal Agreement – Sign a surrogacy contract to ensure all legal protections.

• Embryo Transfer – IVF treatment is performed, and the embryo is implanted in the surrogate.

• Pregnancy Monitoring – Regular check-ups to ensure the health of both surrogate and baby.

• Birth and Legal Finalization – Obtain parental rights immediately after birth.

• Traveling Back to Germany – Complete the citizenship and passport process for your child.

• Applicants must be legally married (requiring an official, apostilled marriage certificate).

• OR be in a proven de facto heterosexual relationship (unmarried couple living together). Agencies typically require official proof of cohabitation for at least one year (e.g., joint utility bills, rental agreements, possibly notarized statements).

Dr. Nataliia Kniazeva

Dr. Shorena Mitichashvili

Dr. Maya Djaparidze

Dr. Teona Shvangiradze

Dr. Ketevan Osidze

• German IPs traveling to Georgia for sperm collection and/or egg retrieval (if using the intended mother's own eggs).

• Alternatively, shipping frozen sperm or embryos from Germany or another European clinic to the Georgian IVF clinic via a specialized cryogenic courier (this requires careful adherence to import/export regulations and logistical planning).

• Embryos are created using the IPs' or donor gametes and cultured.

• The chosen Surrogate Mother Georgia undergoes hormonal preparation of her uterus.

• Selected embryo(s) are transferred to the surrogate's uterus.

• Genetic Father: The intended father who is genetically related to the child can usually establish legal paternity in Germany through a process of recognition of paternity (Vaterschaftsanerkennung). This often requires the surrogate's (birth mother's) consent and may sometimes be initiated even before birth or via a German consulate abroad, with DNA testing typically required.

• Intended Mother (Non-Biological/Genetic Parent): If the intended mother is not the genetic mother (e.g., if donor eggs were used, or if she provided eggs but did not give birth), she cannot typically be recognized as a legal parent based solely on the Georgian birth certificate or the surrogacy agreement. She will usually need to undertake a step-child adoption process (Stiefkindadoption) in Germany after the genetic father has legally established his paternity. This is a formal court procedure with its own requirements and timelines.

• Court Decisions: German courts will ultimately decide on parentage based on German law, prioritizing the child's welfare. While foreign court orders regarding parentage might be considered in some cases, a simple birth certificate entry from Georgia is generally not sufficient for the non-biological intended mother.

• German citizenship for the child is usually derived through descent from a legally recognized German parent (typically the genetic father, once his paternity is established under German law).

• Once parentage is legally established in Germany and citizenship confirmed, a German passport for the child can be applied for. This entire process can be lengthy.

Q1: Is Surrogacy Georgia a fully legal pathway for eligible German heterosexual couples to become parents recognized in Germany?

A: Within Georgia: Yes, for eligible heterosexual couples, Georgian law permits compensated surrogacy and issues a birth certificate naming the intended parents directly. This provides legal security in Georgia. Regarding Germany: No, this is not automatic. German law prohibits surrogacy. The Georgian birth certificate is not, by itself, sufficient to establish legal parentage for both parents in Germany. A complex German legal process (typically involving paternity recognition by the genetic father and step-child adoption by the intended mother if she is not the genetic mother) must be undertaken in Germany upon return. Expert German legal counsel is mandatory from the very start.

Q2: Can German single parents or same-sex couples use Surrogacy in Georgia Country?

A: No. Current Georgian law strictly limits legal surrogacy access to heterosexual couples only (married or in a proven de facto relationship).

Q3: What is the typical all-inclusive cost for Surrogacy Georgia, including the Surrogate Mother Georgia expenses, for German couples?

A: Comprehensive packages from reputable agencies in Georgia typically range from €38,000 - €65,000+ (approximately $40,000 - $70,000+ USD). This generally covers all Georgian aspects, including full compensation and care for the Surrogate Mother Georgia. German IPs must budget additionally for their travel, extended accommodation, and significant German legal fees for the post-birth recognition process.

Q4: How long will we, as German parents, likely need to stay in Georgia after our baby is born via surrogacy?

A: Be prepared for an extended stay of several weeks to potentially 2-4 months or longer. This time is needed to obtain all necessary Georgian documentation for the child (birth certificate, Georgian passport/exit papers) and then to navigate the often lengthy initial requirements and processing times of the German consular authorities (e.g., for paternity recognition, visa for the child, or initial steps for a German passport application) to enable the child to travel to Germany.

Q5: Is it essential to hire a German lawyer if the agency in Georgia provides Georgian legal support?

A: Yes, absolutely critical. Georgian agencies and their lawyers handle the legalities pertaining to Georgian law (e.g., ensuring the surrogacy contract is valid in Georgia and the Georgian birth certificate is correctly issued). They cannot provide German legal advice nor represent you in German courts or with German authorities. You must have your own independent German solicitor specializing in international surrogacy and family law to manage the mandatory German legal process for parentage recognition, adoption (if applicable), and citizenship.