Claiming surrogate baby nationality in Georgia

What is the process of claiming the nationality of the Surrogate baby in Tbilisi Georgia and other countries?

International medical tourism for Assistant Reproductive Technology (ART), especially for surrogacy service has some legal restrictions. Here it is necessary to mention that the concept of surrogacy is not a new and well-established ART process. But different countries have their permissible regulations about the acceptance of surrogacy. For example, Georgia located in Eastern Europe becomes a surrogacy destination for many hopeful couples who unable to conceive naturally due to its laws that make it a more compatible place to pursue hazel-free surrogacy. Whereas some other European countries like France and Germany have banned all types of surrogacy. 

If we consider other countries, then surrogacy is legally accepted in Canada, except Quebec. But only compassionate/altruistic surrogacy is the only legalized surrogacy process in Canada. In compassionate/altruistic surrogacy, the surrogate does not get any compensation for her gestation which means she agrees to become a gestational carrier without charging any payment for her service. However, intended parents must bear the living and medical expenses of their surrogate during the pregnancy process. But a surrogate mother cannot earn any remuneration, which means her contribution is not financially recognized. 

The process of claiming nationality in Tbilisi, Georgia as certain factors to consider, which are as follows: 

Acquired Georgian citizenship by birth: 

• One of the parents of the born child has Georgian citizenship; 
• The birth of the child is a result of extracorporeal fertilization (surrogacy) in Georgian territory without citizenship of neither of his/her parents; 
• The born child in Georgian territory has stateless parental status; 
• The person who gave birth to the child has the status of a stateless person. 

A minor living in Georgia with a state unknown parental status shall be deemed to be a Georgian citizen unless proved otherwise.

Apart from the above-mentioned criteria, the following persons are also citizens of Georgia:

• A person who does not hold citizenship in any other country but he/she was born before 31 march 1975 and reside for at least five years in total in Georgia by 31 march 1993 can claim Georgian citizenship. 
• A person who born after 31 march 1975 who lived on the Georgian citizenship territory by 31 march 1993 and does not have acquired the citizenship of another country;
• A person born in Georgia who left Georgia after 21 December 1991. Therefore, do not meet the requirements stipulated in the 1st and 2nd Paragraphs, provided that they have not acquired the citizenship of another country.

The Georgian citizenship application can be submitted in person. Otherwise, he/she can apply to an authorized representative to the territorial office of the Public Service development agency, a branch of the Public Service Hall, or a Community Centre. A consular office of Georgia abroad or a diplomatic mission or even online application options are also available for Persons living outside of Georgia as a distance service of the Public Service development agency. 

Georgian citizenship Determinants 

• The birth of a person is registered by the Georgian Government. 
• Identity documentation of a Georgian citizen has been issued. 
• Registrar residential address 
• The decision on the determination of Georgian citizenship is requested.

The Public Service development agency is the ultimate decision-maker for the determination of Georgian citizenship.

Granting Georgian Citizenship

The President of Georgia decides for granting Georgian citizenship to a person. Georgian citizenship can be attained via naturalization. The Presidential order can authorize the decision. 

Following are the different ways to grant Georgian citizenship: 

• Under a simplified procedure;
• Under an ordinary procedure;
• Through restoration;
• As an exception. 

If a person married to a Georgian citizen will be granted Georgian citizenship with the simplified procedure, as the person has the legal right to reside in Georgia for 5 years uninterruptedly before the submission of the application. Also, a person should have the state language, Georgian history, and the basics of Georgian legislation.

An ordinary procedure is applicable for granting Georgian citizenship to an adult who meets the following requirements:

• Ten consecutive lawful residential evidence in Georgia before applying for Georgian citizenship;
• Knows the official Georgian language within the established limits;
• Knows the Georgian history and basic principles of Georgia law within the established limits;
• Have a job and/or real estate in Georgia, or carry on business in the Georgian territory or hold interest or shares in a Georgian enterprise.

In the case of incapacitated persons, the above-mentioned second, third and fourth points are not applicable, similarly, the third, and fourth points are not applicable for physically disabled persons. The fourth point does not apply to persons with refugee status. 

Under an ordinary procedure, Georgian citizenship is also granted for an underage person who has not acquired Georgian citizenship at birth but one of his/her parents is a Georgian citizen or if the underage person is adopted by a Georgian citizen.

Under an ordinary procedure, Georgian citizenship was also granted for an underage person with refugee or stateless status in Georgia, who was born in Georgia and has been living in Georgia for five years.  

In case of unlawful termination of Georgian citizenship, or renunciation of the Georgian citizenship or based on parental decision Georgian citizenship may be restored. 

Any person from another country who has contributed exceptional merit to Georgia is eligible for Georgian citizenship by way of exception. The President of Georgia has the power to grant such citizenship. In other certain specific cases like an alien based on state interests, the President of Georgia may also grant Georgian citizenship by way of exception. However, before granting such type of citizenship certain circumstances are accountable for detailed evaluation. 

Surrogacy

Intended parents who pursued surrogacy in Georgia do not face any harassment. Indented parents will get a birth certificate within 24 hours after the child is born. The intended parent’s name is mentioned in the child’s birth certificate immediately after the birth of the child. The surrogate does not claim for the legal rights of the born child as she will be not recognized as the legal mother of the child. Intended parents do not require consent from surrogates for applying the child’s legal parental rights.

However, it is necessary to mention for the intended parents from the USA that they should be aware of the requirements of the Department of State regarding Assisted Reproductive Technology (ART) and surrogacy abroad. They should know details about the Immigration and Nationality Act (INA) before starting the surrogacy procedure. According to the INA, one of the biological parents of the born child resultant after cross broader surrogacy should have US citizenship. DNA testing will be required to establish a genetic relationship. If both the intended parents have infertility, then the US gamete donor is in the utmost need to pursue surrogacy in such cases. 

After meeting this genetic criterion, the next step is to apply for a Consular Report of Birth Abroad of an American Citizen (CRBA) and a U.S. passport for the child at the U.S. Embassy in Tbilisi, Georgia.

Visit for complete surrogacy information in Georgia 

References

http://migration.commission.ge/index.php?article_id=165&clang=1