Under Georgia’s Civil Code (1997, Articles 1190-1200), parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 1190).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 1192), or if he acknowledges paternity (Article 1195). For unmarried couples, paternity requires acknowledgment or a court order (Article 1196).
In informal sperm donation cases (e.g., at-home AI or natural insemination), the donor may be recognized as the legal father if he acknowledges the child or if paternity is established judicially (Article 1196), especially with biological proof or post-birth involvement.
Assisted Reproduction:
Georgia regulates assisted reproduction under the Law on Health Care (1997, amended), permitting IVF and artificial insemination in licensed facilities, primarily for married heterosexual couples. Single women and same-sex couples are not explicitly prohibited but face practical barriers.
Informal sperm donation is not regulated or recognized. It is not illegal, but donors lack legal protections against paternity claims, and cultural norms discourage such practices.
In regulated settings, donor anonymity is common, but informal donors have no specific safeguards.
Sperm Donor Agreements:
In regulated assisted reproduction, intending parents are recognized as legal parents if procedures comply with health regulations, and donors have no parental rights. Informal sperm donation agreements are not legally binding under Georgian law.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father if paternity is acknowledged or proven in court (Article 1196). Private contracts may be considered as intent evidence but lack enforceability without judicial backing.
Surrogacy:
Surrogacy is legal and regulated under the Law on Health Care (Article 143), allowing altruistic surrogacy for married heterosexual couples. The intending parents are recognized as legal parents at birth if a surrogacy contract is in place, a progressive feature compared to many post-Soviet states.
Commercial surrogacy is prohibited, and the surrogate must consent to relinquish rights post-birth (Article 143).
Georgia is a hub for international surrogacy, with foreign arrangements often recognized if compliant with local law.
Parentage Agreements:
In regulated assisted reproduction and surrogacy, parentage is formalized via consents and contracts. Informal agreements (e.g., co-parenting or donor contracts) are not automatically enforceable and carry legal risks.
Courts may establish paternity (Article 1196) based on biology or intent, potentially overriding informal agreements if disputes arise.