Commercial Surrogacy in Georgia: Contractual Dynamics and Regulatory Challenges
Author : Ana Gventsadze, Zurab Chechelashvili 04/08/2026
Surrogacy is actively utilized in Georgia, creating high demand for surrogate mothers. Frequently driven by financial difficulties, these women often enter agreements without fully understanding the medical and legal consequences. Against the backdrop of a scarce legislative framework, this research examines the commercial surrogacy agreement as a civil contract, defining its procedural stages and precise legal nature.
To achieve this, dialectical, comparative, statistical, sociological, deductive, and inductive methods are used to synthesize Georgian legislative provisions with key international court decisions. Moving beyond general comparative scholarship, this study offers a distinct analytical advancement by contextualizing the sui generis nature of surrogacy agreements within the unique Georgian legal reality—a prominent international surrogacy hub operating in a significant normative vacuum. By systematically testing specific mechanisms of the Georgian Civil Code against this framework and ECHR standards, the study exposes localized normative deficiencies.
The research reveals insufficient regulation and a critical lack of state control in Georgian legislation. Furthermore, it identifies profound legal gaps concerning the rights and obligations of the surrogate mother, as well as the legal protection and status of children born through surrogacy. Ultimately, by evaluating legislative ambiguities and international experiences, the paper proposes concrete directions for the further development of the domestic legal framework, ensuring balanced legal protection for all parties involved in the surrogacy agreement.
Keywords: In vitro fertilisation, Surrogate mother, Commercial surrogacy in Georgia, Gestational surrogacy, Surrogacy contract.
Article DOI: https://doi.org/10.55367/BJGL5550