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Childless Couple and Surrogate Mother to Make Contracts

June 12, 2012

Childless couple and surrogate mother might be obliged to sign agreement on their rights-obligations and to approve it with the Notary.

Relevant amendments are drafted for the Law about Health Care of Georgia. Couple and substitute [surrogate] mother will have to agree on the issues which are not regulated by the law.

The law will oblige the childless couple to reimburse the expenses for artificial fecundation technology/ies and to provide the surrogate mother with relevant medical treatment.

The couple shall reimburse expenses related with the pregnancy of the surrogate mother, expenses for child-delivery, post-delivery medical treatment and to take care and to ensure medical treatment of the new-born child/ren in the maternity house; when signing surrogation agreement the parties shall agree on the reimbursement of expenses of legal and other services; any other expenditures related with surrogation, including possible loss of income, if the reimbursement does not mean financial profit of surrogate mother, shall also be reflected in the contract.

In accordance to the draft-law, childless couple will be requested to protect confidentiality of personal information about surrogate mother before and after the birth of the child if the surrogate mother requests so. This requirement of the surrogate mother shall be reflected in the agreement between the couple and surrogate mother.

Author and initiator of the draft-law is chairman of the Healthcare Parliamentary Committee Otar Toidze. The parliament has not started discussion of the bill yet.

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