Surrogacy offers a path to parenthood for couples or individuals who cannot have children naturally. For German citizens, surrogacy is an option they must explore abroad due to its prohibition within Germany. Georgia, a country in Eastern Europe, is an attractive surrogacy destination option for German citizens. Known for its clear legal framework and affordable options, Georgia provides an appealing alternative for intended parents worldwide. This guide will explain what to look out for and how to navigate the surrogacy process in Georgia as a German citizen. 

Free Parents Playing With Baby Stock Photo

Picture courtesy: Pexels 

Is Surrogacy Illegal in Germany?

Surrogacy is considered illegal in Germany, and people can be prosecuted for engaging in it. According to the Embryo Protection Act (ESchG), it is illegal to carry out artificial insemination or transfer embryos to a woman who plans to give up the child after birth. Furthermore, the Adoption Placement Act (AdVermiG) prohibits any arrangements for surrogacy in Germany. Thus making it punishable by imprisonment or fines for those involved in facilitating such agreements. Regardless of genetic ties, a woman is automatically recognized as the legal mother under German law when she gives birth to a child. Due to this legal structure, intended parents must go through the complicated adoption process before they can be granted parental rights over a child born via surrogacy.

German citizens interested in surrogacy must look outside Germany for suitable and legal means of building a family.

Why Choose Georgia for Surrogacy?

As surrogacy is illegal in Germany, couples often explore international options. Countries like Georgia, the USA, and Canada are common choices. Georgia, in particular, is known for its comprehensive surrogacy laws, protected in the Georgian constitution, which provides clear protection for both intended parents and surrogate mothers. Georgia allows only heterosexual couples to pursue surrogacy.

Here are some important reasons Georgia is a popular surrogacy destination:

  • Legal Protection: The law clearly states that the intended parents are the legal parents of the child from birth. The legal framework is such that the surrogate mother has no legal claim to the child.

  • Affordability: Surrogacy in Georgia is more cost-effective than in the USA. It is also within Europe so that Europeans can save on travel costs. This makes it an attractive option for German-intended parents.

  • Efficiency: Georgian law ensures that the intended parents' names are immediately placed on the birth certificate, making the process quicker overall.

  • Medical Quality: The country boasts modern medical facilities and skilled professionals.

 

Step-by-step of How to Navigate the Surrogacy Process in Georgia as a German Citizen

Step 1: Choosing a Surrogacy Agency

Once you've decided that Georgia is the right country for your surrogacy journey, the next step is choosing a surrogacy agency. A reputable agency will guide you through the process from beginning to end.

SurrogacyAssist is a reputable surrogacy facilitator. We provide a comprehensive range of services, from matching intended parents with surrogates to legal support and medical coordination. SurrogacyAssist has a solid track record of helping international clients, including German citizens, navigate the complexities of surrogacy in Georgia. The language difference is not a barrier as there are translators, and English is commonly spoken.

 

When choosing an agency, consider:

  • Success Rate: Look for an agency with high success rates and positive reviews from previous clients.

  • Services Offered: Ensure that the agency provides legal assistance, medical coordination, and support during and after pregnancy.

  • Communication and Transparency: You should feel comfortable asking questions and receiving clear, transparent answers about the entire process.

SurrogacyAssist  has a high success rate of surrogacy, even with international intended parents. You can also trust SurrogacyAssist to provide medical coordination, communication, etc., during the entire surrogacy process.

Step 2: Understanding the Legal Framework of Surrogacy in Georgia

The form of surrogacy practiced in Georgia is gestational surrogacy. In gestational surrogacy, the surrogate has no genetic connection to the child.

Under Georgian law:

  • From the moment of birth, the legal parents of the newborn are the intended parents. This is reflected in the birth certificate, which will list the intended parents' names, not the surrogate's.

  • The surrogate bears no legal claim to the child. This is crucial for ensuring that custody issues do not arise.

  • Surrogacy agreements are legally binding, protecting all parties involved. The surrogacy contracts contain detailed financial arrangements, including medical expenses and living costs for the surrogate.

Georgia also allows compensated or commercial surrogacy. This means that the surrogate mother can be paid beyond just covering medical and living expenses. This is important for intended parents who want to ensure a surrogate's financial needs are met. Also, it often helps secure more willing candidates.

Step 3: Finding a Surrogate as a German in Georgia

Once you've selected an agency, the next step is to find a surrogate mother. This is an important part of the journey. A good relationship between the intended parents and the surrogate can affect the overall experience. Most surrogacy agencies will help match you with potential surrogates based on compatibility.

In Georgia, surrogate mothers undergo thorough psychological and medical screening to ensure they are fit to carry a child. SurrogacyAssist will typically present you with several profiles from which you can choose a surrogate.

Apart from the age requirements, we will assist in matching you with a surrogate who meets your criteria. Some of the important factors to consider in the matching include:

  • Health Background: The surrogate must have a healthy medical history and have previously given birth.

  • Personal Compatibility: Personal values or nationalities might be a priority. It's essential to feel a personal connection with the surrogate. We schedule meetings to help build this relationship.

Step 4: Medical Procedures (Finding Donors and IVF) in Surrogacy

Selecting Donors

If you need an egg donor, agencies often have databases of qualified candidates. Factors to consider when selecting egg donors include:

  • Health History: Ensure the donor has a clean medical history and undergoes screening for genetic conditions. We ensure that only egg donors that meet this characteristic are in our database. Read about egg donors and surrogate matching.

  • Ethnicity and Background: Some parents prefer donors from specific ethnic backgrounds for cultural reasons.

In Vitro Fertilization (IVF)

The IVF process generally follows these steps:

  1. Egg Retrieval: The selected donor undergoes ovarian stimulation followed by egg retrieval.

  2. Fertilization: Eggs are fertilized using sperm from the intended father or a sperm donor.

  3. Embryo Transfer: This involves the selection and transferring of healthy embryos to the surrogate. 

Hand drawn flat design ivf infographic

Picture courtesy: Freepik 

Step 5: Pregnancy and Communication During Surrogacy

The surrogate will receive medical care throughout the pregnancy, which will be arranged and monitored by the agency and medical team. It's common for intended parents to visit Georgia at least once during the pregnancy to meet the surrogate. If you are based in Germany, you should plan a trip from Germany to Georgia to attend some medical appointments.

These appointments and regular checkups are opportunities for you to participate and stay updated on the pregnancy's progress. Establishing a good relationship with your surrogate during the pregnancy is vital for a positive experience.

Consider counseling services for both the surrogate and yourself. Surrogacy can be emotionally complex, and having professional support can help navigate any challenges that arise.

Step 6: Securing the Legal Documents and Birth Certificate of the Baby

When the child is born, the intended parents are named on the birth certificate immediately. In Georgia, you will receive the birth certificate within 24 hours of birth, and the surrogate has no rights to the child.

How to Navigate Birth Registration as a German Citizen Pursuing Surrogacy in Georgia

After the birth of the baby, you must:

  1. Register the Birth: This can be done at the local Civil Registry Office. Both parents' names must be included on the birth certificate.

  2. Obtain the Birth Certificate: You should receive this document within 24 hours of birth. The birth certificate will recognize both intended parents as the legal parents.

In Georgia, the intended parents' names appear on the birth certificate, but legal parentage under German law is more complex. You may need to apply for a court order to confirm your parental rights in Germany, especially as the surrogate is considered the legal mother by German standards.

Step 7: Obtaining German Citizenship and Passport for Your Child

A child born to at least one German citizen is eligible for German citizenship, regardless of the place of birth. However, under German law, a child born via surrogacy abroad may face additional legal hurdles.

Here are the steps to secure citizenship for your child:

  1. Apply for a German Birth Certificate: To have the child legally recognized in Germany, you must apply for a birth certificate at the German embassy in Tbilisi. This requires submitting the Georgian birth certificate along with an apostille (a certification for international documents).

  2. Establish Legal Parenthood: Under German law, the woman who gives birth to the child is considered the mother. This means that even if the surrogate is not genetically related to the child, you may need to go through an adoption process to establish legal parenthood for the intended mother.

  3. Apply for Citizenship and Passport: Once the birth certificate is recognized, you can apply for German citizenship and a passport for the child. The German embassy in Tbilisi can assist with this process.

Each country has specific requirements for getting citizenship for a child born abroad and it is better to stay informed about specific German laws about this process. It is always best to be aware of your country's laws before you begin the surrogacy process.

Required Documents for German Passport Application

Gather the following documents for registration:

  • Birth certificate (translated into German)

  • Passports of both parents

  • Proof of German citizenship of the parents (such as a German passport or identity card) 

File:German passport.jpg

Picture courtesy: Wikimedia Commons

 

Step 8: Returning to Germany with Your Newborn

Once the birth certificate, citizenship, and passport are in hand, you are free to return to Germany with your child. Be prepared for some bureaucratic delays, as the process of obtaining citizenship and a passport can take several weeks.

Important Documents and Visa Requirements

For German citizens, understanding the visa requirements for Georgia and the documents needed for bringing the child back to Germany is crucial.

To apply for a visa for the child, German intended parents will need the following:

  • The Georgian birth certificate (with an apostille).

  • A passport for the child, which can be applied for once German citizenship is confirmed.

  • Legal documentation proving that you are the legal parents of the child.

  • A completed national visa application form 

  • Two recent passport-size photos 

  • Proof of health insurance 

  • Proof of accommodation in Germany 

Addressing Concerns about Citizenship and Legalities

One of the main concerns for German intended parents is whether the child will automatically gain German citizenship if born via surrogacy abroad. The answer is no. The child will not automatically gain citizenship. The child may require an adoption process to formalize legal parenthood in Germany.

Germany's strict surrogacy laws often lead to complex legal cases when the child is brought back. Make sure to consult with a lawyer specializing in surrogacy and German citizenship laws to ensure a smooth process.

Conclusion

Navigating the surrogacy process in Georgia as a German citizen requires careful planning and legal expertise. By partnering with a reliable surrogacy agency such as Aurora-Georgia and ensuring that all legal requirements are met for bringing the child back to Germany, the intended parents can have a successful and rewarding surrogacy journey.

It is important to stay informed about the legal landscape of surrogacy in Germany. Also, seek legal counsel to ensure all documents, including the birth certificate, passport, and citizenship, are properly obtained.

For more information on surrogacy in Georgia and the citizenship process for children born abroad, please consult the following resources:

https://tiflis.diplo.de/ge-de/service/-/1677824