Supreme Court of Georgia

The Supreme Court of Georgia’s scientific-consultative board meeting in the direction of criminal law

Published: 11/03/2015

On October 30, 2015 in the Supreme Court the Scientific- consultative board meeting was held in the direction of criminal law. The session was attended by the judges of the civil collegium of Tbilisi City Court and the civil chamber of the Supreme Court, representatives of academic circles of Ivane Javakhishvili Tbilisi State University, lawyers, notaries and other specialists in this field.

The subject of discussion was the problems that face potential parents during registering as parents in the birth act when child was born through surrogacy. The participants of the session reviewed, in the form of casus, one of the statements submitted in the Supreme Court. According to which in practice the problems causes the existing record of the Article 19 of Ministry of Justice’s Order No. 18 of January 31, 2012, on approval of civil acts registration regulations. The Order estimated that: “If in extracorporeal insemination process, during which the embryos implant is made in a surrogate mothers womb, and, therefore, surrogate mother represents a woman passing a child, also the donor or donors are used, it is mandatory for the purpose of registration to civil registration authority, to submit before extracorporeal insemination, the notarized contract between the couple, surrogate and donor or donors.” The mentioned legal norm has become particularly problematic for potential parents after 2015, when Public Registry under its discretion launched requesting the information from the medical institutions whether the donors were used during the surrogacy.   

The participants of the session agreed that the issue is not fully regulated and a number of sensitive details that are linked with artificial insemination and surrogacy, are not provided under the current legislation. Particular attention was paid to the fact that the court case regarding the refusal to register in the Public Registry the child’s birth while surrogacy is considered not under indisputable proceeding, but through adversary proceedings that creates the additional problem of child’s interest, in particular the hearing of the case is delayed, and thus the child stays for months without parents.

The short survey was introduced towards the participants regarding the international practice by the analytical department of the Supreme Court. Also the materials prepared especially for the session was presented by Supreme Court Practice Research and Generalization Department.

The session was headed by Deputy Chair of the Supreme Court and the Chairperson of the Civil Chamber Mzia Todua.

We would like to inform you herein that the Supreme Court of Georgia’s scientific advisory board for the purpose of development of a high standard of judiciary, often holds sessions for identifying the legal errors in practice, as in civil as well as in criminal and administrative direction.

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