Australians using surrogacy services in Georgia
The Australian Embassy in Ankara has responsibility for assisting Australians return home with children born with the assistance of surrogacy services in Georgia.
The embassy is aware of outdated and inaccurate information circulating on social media and online forums. Please bear in mind procedures and information on surrogacy can change often.
Consider the advice below carefully and contact us if you have any questions.
The Georgian government has announced it intends to ban surrogacy for foreigners from 1 January 2024.
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Contravening this law will be a criminal offence.
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It's unclear what transitional arrangements will be in place.
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Babies born through illegal arrangements may be prevented from leaving Georgia.
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Be aware that you may not be able to get your money back if you enter into a contract for surrogacy services.
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Before you commit to a surrogacy arrangement, seek independent legal advice.
See our advice on going overseas for international surrogacy.
General advice for Australians using surrogacy services in Georgia
We encourage you to research prospective surrogacy clinics and hospitals thoroughly to ensure you're dealing with a safe and reputable organisation. Our Embassy in Ankara can't recommend specific hospitals or clinics.
Georgian law requires you to provide evidence of marriage, civil partnership or cohabitation for at least a year before a surrogacy contract can be entered into. You'll need to prove that a surrogacy contract was signed before the IVF process began to get a birth certificate.
You should research the requirements to leave Georgia with children (some legal details are in Georgian only) via:
Surrogacy is a complex and lengthy process. Unexpected delays can occur - you should have sufficient finances to meet unforeseen expenses. Financial assistance is not available from the Embassy or the Australian Government if you get stuck.
You should be prepared to spend several months in Georgia after the birth of your child while you get the necessary paperwork from Georgian authorities and then move through the lengthy processes to obtain Australian citizenship and then an Australian passport.
You should consider the time you'll need to spend in Georgia and plan appropriately. The maximum period of continuous visa-free stay allowed by the Georgian authorities is one year. For more information, see the Ministry of Foreign Affairs of Georgia website.
Commissioning a surrogacy arrangement does not mean the child will automatically be entitled to Australian citizenship. You should approach the Department of Home Affairs for advice on your specific situation.
To bring children born through surrogacy to Australia, you must apply for a full validity Australian passport - the process is outlined below.
If you are considering using surrogacy services in Georgia, please let us know at an early stage. We will place you on our mailing list to keep you updated if there are changes to rules or policy. Send an email to [email protected] with your contact details and whether you have any firm dates or plans to travel to Georgia.
What is the process to bring my child back to Australia?
1. Obtain the Georgian birth certificate with both intended parent’s names
Register birth in Georgia
2. Apply to the Department of Home Affairs for Australian Citizenship by decent
Apply for citizenship
3. Apply to the Australian Embassy in Ankara for an Australian Passport
Apply for passport
Please note
- You do not need to wait for the citizenship certificate before you lodge the passport application.
- We will accept your application if it is otherwise complete but for the citizenship number.
- Please be aware that each passport application for a child born through surrogacy is complex and time consuming for our staff.
- We ask that you expect up to 4 weeks after citizenship has been acquired before an emergency passport can be dispatched or collected from Ankara.
- You will apply for both a full validity passport and an emergency passport using the same application.
- A fee applies for both the emergency passport and the full validity passport.
- The full validity passport will be collected from your nearest capital city passport office after you return to Australia.
- Please do not book travel back to Australia until we have confirmed an emergency passport has been printed.
- Please note that Power of Attorney documents are not accepted for the purpose of Non-Lodging parental consent.
How can the Embassy assist me?
The scope of consular assistance available for Australian citizens overseas is outlined in the Consular Services Charter, which you can find on our website.
The role of the Embassy is to provide advice on travel to Georgia as well as advice on the passport application process.
The Department of Home Affairs in Australia manages the citizenship process. We have no oversight or involvement in the citizenship process.
Please direct questions on the citizenship process to the Home Affairs Global Service Centre on 131 881 in Australia, or when in Georgia, they can be reached on +61 2 6196 0196 between 9am-5pm Georgia time.
Any DNA requirements would be requested as part of the citizenship application – unfortunately, we are not able to answer queries on DNA. Please refer to the Home Affairs website or see this page on DNA testing. If you still have questions, call the Global Service Centre as above.
While we appreciate intended parents will want to complete as many steps as early as possible, we suggest you wait until you are instructed by Home Affairs to complete DNA testing before undertaking any DNA collection procedures yourself.
How do I complete the passport application?
For the passport application, you will need to complete a PC8 application form at www.passports.gov.au.
- You will need to create an account first.
- Please complete a separate application for each child requiring a passport.
Get form Step-by-step guide to completing your PC8, B4 and B5 forms
In addition to the standard documents required – which varies depending on how the parents obtained their Australian citizenship (the application will guide you on the necessary supporting documents) – we need you to provide the following:
- Form B4 (Child born through surrogacy)
- Form B5 (Child born through surrogacy – supplementary consent)
- Documentary evidence of the surrogacy
- For example: as a surrogacy agreement or a foreign court order
- Most clients provide a notarised version of the surrogacy agreement, which the clinic should give you
- Please provide the original Georgian version, plus an authorised English translation
- For example: as a surrogacy agreement or a foreign court order
- Copy of IDs from both parents (with both a photo and a signature – e.g. passport or Australian drivers licence)
- Proof of address document from the parent lodging the application
- Child’s full Georgian birth certificate (with names of both intended parents)
- Please provide the original Georgian version, plus an authorised English translation
- Please provide the original Georgian version, plus an authorised English translation
- JPEG image of the passport photos
- check the photo requirements here - we suggest giving these to a professional photographer
- check the photo requirements here - we suggest giving these to a professional photographer
- A complete the payment authorisation form
Due to the unique nature of overseas surrogacy services, the embassy has produced a step-by-step guide to assist you to complete your PC8 application, B4 and B5 forms accurately the first time - see here.
Depending on your circumstances, you may need to supply additional forms or documentation, check here.
What happens, when?
While you are in Georgia
The Embassy in Ankara will:
- accept scanned passport application forms and supporting documents by email to [email protected];
- conduct a passport interview via video conferencing (e.g. skype, whatsapp video call); and then,
- send the passport application to Canberra for processing.
Once the Embassy has completed all checks and received approval from Canberra, we will:
- send an emergency passport to you in Georgia via courier.
- you will need to arrange the courier and meet any expenses.
- alternatively, you or someone you nominate, can collect the emergency passport in Ankara and take this back to Georgia by hand.
After you return to Australia
- Processing for the full validity passport will be conducted concurrently with the emergency passport process, though there may be additional checking required before this can be issued.
- When the full validity passport is ready, you will be contacted by the relevant capital city passport office you nominated during the application for the emergency passport (e.g. Melbourne Passport Office, Adelaide Passport Office, etc).
- When collecting the full validity passport, the original documents you supplied in the scanned application for the emergency passport application with the Embassy must be presented for sighting by the staff at the capital city passport office.
- You will then exchange the emergency passport for a full validity passport (5 years validity).
Is there anything else I should know?
Surrogacy overseas is complicated and there are potential pitfalls.
We strongly advise you to familiarise yourself with the content on the following links as they contain some very important information for Australians using surrogacy overseas:
- Home Affairs: International surrogacy arrangements (contains link to citizenship application)
- DFAT Smartraveller: Going overseas for surrogacy?
- DFAT Australian Passports Office: How to get a child passport for children born through surrogacy
For general advice to travel to Georgia, please review: