The largest part of surrogacy, in addition to medical treatment, is related to many legal aspects. Prior to this journey, it is essential to properly prepare the documents required by the regulations of the country implementing the program to make sure that the birth certificate of the child can be obtained without delay.
Georgia: In Georgia, surrogacy is allowed for married and unmarried heterosexual couples. However, in 2021, the legislation changed, and now it is necessary to present a marriage certificate if the couple is married, and if they are not married, their cohabitation must be confirmed by various documents. All of the above must be dated at least one year before you start the program.
If you are married then it is necessary to submit a marriage certificate which should indicate your name, year of birth, and passport number (preferably). You need to make a notarization of the original of your marriage certificate and an apostille. (for countries that are members of the Hague Convention) or legalization (for countries that are NOT members of the Hague Convention).
What is an Apostille? – The definition of the apostille is “the authentication of a document for use in another country”. An apostille certifies the signature, seal, or stamp of the document(s), so the document can be recognized in foreign countries that are members of the 1961 Hague Convention (List of the countries https://www.hcch.net/en/instruments/conventions/status-table/?cid=41)
The Apostille certificate contains the following points:
- Country of issue
- Who has signed the document
- The capacity in which the person signed the document
- Details of any seal on the document
- Place of issue
- Date of issue
- Issuing authority
- Apostille Certificate number
- Stamp of issuing authority
- Signature of representative of issuing authority
What is Legalization? – Countries that are not part of the Hague convention must follow a legalization (or authentication) procedure which is done by the diplomatic mission authorities of the country in which the document is intended to be used. Once the document is legalized or authenticated, it can be presented to authorities of a target country. For example, a UK birth certificate for use in the UAE would need to be legalized via the apostille and also by being stamped by the embassy. The stamps that embassies issue to documents are commonly referred to as attestation.
If you are not married, then it is necessary to submit documents that will allow the notary to certify your cohabitation period of at least one year. Usually, a list of these documents, should have an agency to help you with the preparation. Most often used are:
- An extract from the clinic for in vitro treatment in the past year, which requires notarization and apostille/legalization;
- Common bank accounts where your personal data, name, passport number, and date of birth are recorded;
It is then necessary to prepare a power of attorney according to which you, the couple, give the right to the agency or clinic representatives to sign on your behalf any document related to surrogacy. The standard text includes the following (with minor modifications).
“I————————-(personal /passport details) gave permission to (name of the representative/passport details) ——————–to be our representative jointly and severally with the natural and legal entities, also in all public and private establishments, including the notary bureau, Public Service Hall, Public Service Development Agency Civil Registry of Ministry of Justice of Georgia, in the Ministries, in embassies/consulates of any country, in any medical clinic and company. On our behalf to collect, submit, request, and obtain documentation from all entities/establishments. Instead of us signing any surrogacy/donation agreements/documents [agreement, statement, consent], including documents: agreements/documentation related to in vitro fertilization procedure, sperm freezing, frozen embryo thaw-transfer, reimplantation genetic screening of embryo [PGS], egg-cell aspiration, egg-cell donation by the egg-cell donor, as well as contracts on service of transfer and carrying an embryo in the surrogate mother’s uterus and donation and surrogacy service agreement. They are also authorized to enter our names in the birth certificate of the child/children delivered by the surrogate, as father/mother, to assign the name to the child/children, they are also authorized to enter the name and surname of the child/children in the birth certificate and other necessary documents. They are authorized to conclude contracts with themselves, to amend/change and/or cancel contracts, as well as they are authorized to determine terms of agreements/contracts/applications/statements of consent in all above cases. They are authorized to transport/transfer genetic material [egg cells, sperm, frozen embryo] within countries and/or clinics and to do all acts necessary for the execution of the above assignments.”
Once all these documents are in order, if you arrive in Georgia, you must bring hard copy versions, and if you do not arrive, then you must send them by DHL/FEDEX. After that, you can start the program in peace, notary service in Georgia, with the help of your agency, will be able to prepare the relevant contract to sign with the surrogate.
Argentina, Colombia, Kenya, and the USA programs are available to singles, same-sex (gay couples), and married or non-married hetero couples. Considering that Medical indication and A marriage certificate are not requested you simply need your valid passports to initiate the program.
Mexico: Here programs are available to singles, same-sex (gay couples), and married or non-married hetero couples. Considering that Medical indication and A marriage certificate are not requested you simply need your valid passports to initiate the program. Criminal records of parents will be asked.