Surrogacy in Georgia and Ukraine: where are the conditions better?

1. Conditions of Surrogacy in Georgia
2. Conditions of surrogacy in Ukraine
3. General comparison of conditions in Georgia and Ukraine for conducting surrogacy programs

It is not enough to achieve successful IVF and the birth of a child, it is important that the laws of the country where the program is being held allow for relatively easy registration of parental rights and the ability to travel home with the child without hindrance.

Over the past 5 years, Georgia and Ukraine have become extremely popular as destinations for surrogacy programs, thanks to the balance of cost, outcomes and favorable legislation. However, after the changes in socio-political realities and legislation in 2022, intended parents need fresh, reliable information to make a choice they will not regret. Let's consider the medical and legislative aspects in more detail.

Conditions of Surrogacy in Georgia

Surrogacy in Georgia is regulated by general legislation, in particular the Law on Health Care and the Law on Civil Acts. In 2023, the Georgian government introduced an initiative to ban surrogacy for foreigners, as well as commercial surrogacy. The initiative was heard in Parliament, and the new measures were planned to be introduced on January 1, 2024. However, the changes have not yet entered into force: as of 2025, surrogacy in Georgia is available to foreigners, and surrogate mothers in Georgia still officially receive fees (referred to as compensation) under commercial contracts.

Despite the fact that the measures to implement the government initiative have been postponed, the negative attitude towards commercial surrogacy among the country's top officials highlights the ambiguous perception of this practice. The changes discussed by Parliament will sooner or later be approved in one form or another. There is already a risk that the long process of surrogacy in Georgia will be started as legal, and by the end of the program, it will be in the "gray zone" at best. Or it will be prosecuted criminally: with the removal of the child, the threat of a prison term for the intended parents.

In Georgia, women from poor Central Asian countries, often in extremely vulnerable situations, are often recruited to participate in programs. In addition to being unethical, this approach also poses a threat to the parental rights of biological parents. Surrogate mothers who are citizens of countries with weak regulation of surrogacy issues can, if they wish, keep the child. If the laws of the country of citizenship of the gestational carrier recognize the woman who gave birth to the child as the mother, your acquisition of parental rights depends on the good will of your surrogate mother. Such a legal situation creates scope for abuse, blackmail and extortion on the part of the gestational carrier.

The same approach is used for egg donors: local agencies and clinics use so-called travel egg donors or (in most cases) resort to transporting frozen eggs from cryobanks. Accordingly, whose gene pool will be passed on to your child will remain a secret for you. Future parents have no way to verify the quality of the genetic material.

All these circumstances were superimposed on low sanitary culture and the need to save on everything in order to keep prices for intended parents low, within $50,000. Reproductive programs in this country have always raised serious questions from an ethical point of view.

Currently, Georgia is experiencing mass social protests and unrest, which threatens the safety of staying in the country. 

Conditions of surrogacy in Ukraine

Ukraine, on the contrary, remains one of the most open and legally protected countries for surrogacy programs. The legislation allows foreign citizens to use the surrogacy service, provides clear regulation of all aspects of the program. The main regulations governing surrogacy in Ukraine are the Civil and Family Code of Ukraine, the Law "On the Protection of Population Health". An important advantage of Ukraine is the detailed legislation that protects the rights of biological parents and surrogate mothers. Article 123 of the Family Code of Ukraine and Article 13 of the Law of Ukraine "On State Registration of Civil Status Acts" exclude legal risks and guarantee the transparency of all procedures.

Despite the ongoing military actions in the eastern regions, it is important to note that the capital of the country, Kyiv, as well as the western regions, are not affected by military actions. Medical institutions specializing in reproductive technologies continue to operate as usual, providing a high level of safety and quality service. At the same time, the high sanitary culture that has developed over many years, as well as the ability of surrogate mothers to receive a decent reward for their services, allow us to talk about the ethics of surrogacy programs in Ukraine.

Special conditions are provided for foreign citizens, including fast registration of documents for the child and support at all stages of the program. The transparency of Ukrainian legislation, the availability of administrative services for potential surrogate mothers allow for a short period of time to collect a full package of documents necessary for the legalization of a newborn, accepted by the courts of Germany, France and other European countries.

General comparison of conditions in Georgia and Ukraine for conducting surrogacy programs

Where the conditions for conducting a surrogacy program are better - in Georgia or in Ukraine - can be decided based on the data in the table. 

For foreign citizens considering surrogacy programs, Ukraine offers more stable, transparent and legally protected conditions. Despite military actions, patient safety is guaranteed in the capital and western regions of the country. For the absolute safety of future parents, remote programs are provided, with the help of which it is possible to become parents without visiting Ukraine. In combination with highly qualified medical services and reliable established legislation, Ukraine becomes a preferred choice for these programs.