18. Is there:
a. any public discussion about the topic
Time to time articles appear in the printed as well as electronic media discussing issues of surrogacy, including interviews with surrogate mothers. Some journalists are trying to identify adverse effects of surrogacy, including psychosocial problems of surrogate mothers.
b. planning of new regulation at national level
The first initiative to regulate surrogacy in details was in 2003 as a part of developing new Draft Law on Reproductive Health and Reproductive Rights, which had been submitted to the Parliament of GEORGIA in December 2003. The draft Law has never been discussed by the Parliament.
The last initiative was in 2014, when the Ministry of Justice developed Specific Draft Law on Surrogacy. The draft law was very detailed on the matters of contract, financial issues and rights and responsibilities of intended parents and surrogate mothers. The draft law as a matter of fact envisaged commercial surrogacy as well, as it would give right the surrogate mother to get additional (in addition to the expenses related to pregnancy and medical care) reasonable remuneration.
The national Council on Bioethics of George responded on this matter twice:
- On 4 February 2014 – Recommendation of the National Council on Bioethics on the Legal Regulation of the transfer and development of embryo (obtained as a result of IVF) to the uterus of another woman (surrogate mother).
- On 17 December 2014 – Conclusion of the Chair of the National Council on Bioethics on the Draft Law on Surrogacy and on the Existence of the Institute of Surrogate Mother in GEORGIA.
Both documents urges for prohibiting Surrogacy because of its unacceptability due to medical, social, moral and ethical reasons.
The conclusion of the NCB of GEORGIA included the following recommendations:
- Institute of surrogate motherhood is unacceptable due to medical, social, moral, ethical and legal considerations;
- Surrogate motherhood has to be banned by GEORGIAN legislation and new cases of surrogate motherhood shall be avoided.
- Simultaneously with introducing legislation prohibiting surrogate motherhood the Government shall ensure:
- protection of current surrogate mothers from any form of undue influence; protection and promotion of their rights and dignity; adequate support to bring pregnancy to the end and give birth to the child;
- psychological support to surrogate mothers who have had or currently experience psycho-emotional problems due to giving newborn to couple;
- support and help to former surrogate mothers to find alternative jobs;
- support to the organisations and employees of organisations involved in surrogacy in changed their field of business;
- improvement accessibility to child adoption to infertile couples, for which unjustified barriers have to be removed.
The draft law is not being considered now and has not yet been submitted to the Parliament of Georgia.
19. Please specify any additional relevant aspects which were not mentioned.
Currently there is just one article the Law on Healthcare (adopted in 1997) about surrogacy which specifies two issues:
- the embryo developed as a result of IVF can be transferred to other woman (surrogate mother) if an intended mother has no uterus;
- surrogate mother shall not be considered as a mother born as a result of surrogacy – intended mother and father are considered to be the parents.
The text of the above article is given below:
Article 143.
- Extra corporeal fertilization is allowed in the following cases:
a) treatment of childlessness, presence of risk of transmission of genetic diseases on the part of husband or wife, by use of gametes of spouses or donor or embryo, if there is a written consent of a couple.
b) if a woman has no uterus, by the transfer and raising of embryo received as a result of fertilization to the uterus of other woman (surrogate mother). A written consent of a couple is mandatory.
- In case of birth of child the couple is considered a parents with all related responsibilities and rights. “Surrogate Mother” has no right to be considered as a mother of the child born.