Surrogacy on the Rise in Georgia and Armenia: Challenges and Legal Frameworks

In the South Caucasus region, the countries of Armenia and Georgia have seen a rapid increase in the practice of surrogacy. However, experts are raising alarms about the need for strict oversight to protect women and children from exploitation.

Economic Struggles Drive Women to Surrogacy

For many women in these countries, surrogacy offers a potential solution to severe financial struggles. Take Gayane, for example, a woman from the southeastern Armenian village of Syunik. In 2020, Gayane’s husband lost his job, leaving the couple in a dire financial situation. With mounting debts, Gayane considered surrogacy as the only way out of poverty.

“I was determined to do it, even though my husband was against it,” Gayane said. By 2021, she had decided to become a surrogate mother.

Similarly, Mariam, who lives in a Georgian village with her husband and four children, faced similar challenges. After researching surrogacy online, Mariam reached out to a surrogacy agent who explained the process to her. “I knew I had to do this, and I would be compensated for it,” she shared.

The Surrogacy Landscape in Armenia and Georgia

Both Georgia and Armenia are among the few countries where commercial surrogacy is legal. This has led to a significant rise in the number of childless couples turning to surrogacy for help in both nations.

In these countries, the cost of surrogacy ranges from $45,000 to $65,000. By comparison, surrogacy in the United States can cost over $160,000 in some states. After completing her surrogacy, Gayane was paid about $15,000, while Mariam received $17,000.

Legal Framework and Regulations

Both Armenia and Georgia have established legal frameworks to regulate surrogacy, with recent amendments aimed at strengthening oversight in this previously unregulated area.

In Armenia, the law stipulates that surrogate mothers must be between the ages of 18 and 35, have at least one biological child, and must obtain written consent from their husband if they are married. They must also undergo medical and genetic tests to ensure they are healthy. Furthermore, surrogate mothers cannot also be egg donors.

“DNA tests must be performed on all parties, including the surrogate and the baby, to confirm there is no biological connection between the surrogate and the child before it is handed over to the intended parents,” the law mandates.

In Armenia, a woman is allowed to act as a surrogate no more than twice. In contrast, Georgia’s laws do not impose any such restrictions. The laws in Georgia, amended in December 2022, explicitly state that only married heterosexual couples are allowed to engage in surrogacy.

The Need for Increased Oversight

As the trend of surrogacy continues to rise, there are growing concerns about the potential for exploitation and the importance of strict regulatory measures. The Georgian Public Service Development Agency has reported that surrogacy practices are increasing, which underscores the need for continued vigilance to ensure the safety and welfare of all parties involved.