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This paper examines the right of motherhood and the problematics of its division in the case of surrogacy, as well as the rights of a child born through surrogacy. The rights of a mother and a child are protected by the Constitution of Georgia1 . International acts provide for the special protection of maternal rights2 . However, in the Georgian legal system, there is no separate legal act on the right of motherhood and its protection mechanisms. Therefore, according to the UN data, Georgia is included in the list of dying nations3 , which is caused by the demographic crisis, and no matter how paradoxical it may sound, at the same time ‘children are flowing out’ from Georgia through surrogacy all over the world. The improvement of the demographic situation is directly related to the legal enhancement of the right of motherhood. Accordingly, the purpose of this article is to review the right of motherhood, and the existing and future protection guarantees of the right, which will help the country to overcome the demographic crisis, as well as to discuss the existing legal framework of surrogacy in relation to the right of motherhood, and to determine a middle way that is necessary for creating a new life through surrogacy without violating the rights of a mother and a child.
Normative Acts:
1. The Constitution of Georgia, the Constitutional Law of the Republic of Georgia, No 786, 24.8.1995.
2. The Law of Georgia the Civil Code of Georgia, the Parliament of Georgia, No 786, 26.6.1997.
3. The Law of Georgia on Health Care, the Parliament of Georgia, No 1139, 10.12.1997.
4. The Organic Law of Georgia the Labour Code of Georgia, the Parliament of Georgia, No 4113-რს, 17.12.2010.
5. The Law of Georgia Labour Code of Georgia, No 3132, 25.5.2006 (invalidated).
6. The Civil Procedure Code of Georgia, the Parliament of Georgia, No 1106, 14.11.1997.
7. The Law of Georgia on Adoption and Foster Care, the Parliament of Georgia, No 746-IIს, 4.5.2017.
8. Order No 18 of the Minister of Justice of Georgia of 31 January 2012 on Approval of the Procedure for Registration of Civil Acts.
9. Order No 71 of the Minister of Justice of Georgia of 31 March 2010 on Approval of the Instructions on the Procedure for Carrying out Notarial Actions.
10. Bogveradze Nino, Problems of Legal Regulation of Surrogacy/Donation at the International and National Level, dissertation thesis, Tbilisi, 0175, Georgia 2017. International acts:
11. Universal Declaration of Human Rights, 10 December 1948, UN General Assembly.
12. Act for Protection of Embryos (The Embryo Protection Act), Federal Law Gazette, Part I, No 69, issued in Bonn, 19 December 1990, p. 2746. Research literature:
13. Gelashvili, Irma, dissertation thesis Civil Law Status of a Fetus, 11.5.2012.
14. Tetrauli, Tsitsino, the Problems of Economic Stabilisation in the Modern World and ‘Overton Window’, Economic Problems of the Modern World, Ivane Javakhishvili Tbilisi State University, the Publishing House of Paata Gugushvili Institute of Economics, Tbilisi, 2020, http://conferenceconomics.tsu.ge/doc/2020konfint.pdfablo QueirozI Cleonice CaminoII Lilian GalvãoIII Julian SantosIV Natália PequenoV Anderson MathiasVI, Social representations of mothers about human rights, Arquivos Brasileiros de Psicologia; Rio de Janeiro, 65 (3): Court decisions:
15. Decision of the European Court of Human Rights, S.H. and Others v. Austria, Application no. 57813/00, Strasbourg, 1 April 2010.
16. Decision of the European Court of Human Rights, Mennesson v. France, (Application no. 65192/11), Strasbourg, 26 June 2014, In re Baby M, 537 A.2d 1227, 109 N.J. 396 (N.J. 02/03/1988), Judgements of the Supreme Court of Georgia, Case No ბს-874-866(კ-16) 25.4.2017.
17. Decision of the European Court of Human Rights, X, Y & Z v. the United Kingdom, Application No 21830/93, 22.04.1997.
18. Decision of the European Court of Human Rights Dixon v. the United Kingdom, No 44362/04, 4.12.2007. https://www.court.ge