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United States country guide

Surrogacy in Georgia for US Citizens

Country Guides Clinically informed, people-first guidance Tbilisi-based guidance · Updated 22 August 2026
Your guide at a glance

For an American family, the practical question is not simply whether a Georgian birth record can name the intended parents. The family must establish the child’s US citizenship route, the relationship required by the applicable statute and the evidence the US Embassy in Tbilisi will accept.

Before embryo creation or transfer, identify which US citizen parent can transmit citizenship, whether the relevant law requires a genetic or gestational connection, and whether that parent satisfies the applicable residence or physical-presence period. After birth, the family normally coordinates the Georgian birth record with a Consular Report of Birth Abroad and first US passport application, while preserving the clinic, parentage and identity evidence requested by the consular officer.

Start with the exact citizenship statute and family facts

US citizenship at birth abroad depends on the Immigration and Nationality Act provision that fits the parents’ citizenship, marriage and parent-child relationship. Physical-presence requirements can differ. For a common post-1986 case with one US citizen parent and one non-US citizen parent in wedlock, the transmitting parent generally needs five years of US physical presence before the birth, at least two after age fourteen; other family structures use different rules.

Assisted reproduction adds questions about genetics, gestation and legal parentage. Department of State guidance warns that a child may not acquire citizenship merely because the intended parents are American or named on a foreign record. A US lawyer should map the planned egg, sperm, marital and parentage facts to the correct statute before treatment rather than trying to repair a failed citizenship assumption after birth.

Build the evidence file before pregnancy

Keep the intended parents’ citizenship evidence and a dated history of the transmitting parent’s physical presence in the United States, supported where available by school, employment, tax, medical, lease, travel or government records. Consular staff decide what evidence is sufficient, so a narrative without records can lead to further requests.

The reproductive file should identify whose egg and sperm were used, any donor material, the clinic and laboratory chain of custody, embryo creation and transfer, the surrogate’s identity and consent, and the delivery. Names, dates and passport numbers should be checked across the Georgian agreement, clinic records, hospital confirmation, birth registration, translations and US applications.

Coordinate the CRBA and first passport in Tbilisi

A Consular Report of Birth Abroad records that an eligible child acquired US citizenship at birth; it is not the Georgian birth certificate and, by itself, is not a ruling on custody. The US Embassy in Tbilisi accepts electronic CRBA applications through the current Department of State process and may coordinate the child’s first passport appointment according to its instructions.

The family should review the embassy’s document list during pregnancy, prepare originals and clear copies, and keep both intended parents available for any required declarations or passport consent. A passport application is a separate decision from the CRBA, even when the applications are prepared together. Do not buy fixed flights until the actual document has been issued and the baby is medically ready to travel.

Use DNA testing only when the authority directs it

A consular officer may request DNA evidence when the claimed genetic relationship is material and documentary evidence is insufficient. Department of State procedure requires an approved laboratory, controlled kit shipment and witnessed sample collection. A consumer or home test does not establish the required chain of custody.

Do not order a test speculatively or allow a coordinator to select an informal laboratory. Wait for the embassy’s instructions, confirm who must be tested and keep the appointment compatible with newborn care. A DNA result can prove a biological relationship; it does not replace the transmitting parent’s citizenship, physical-presence or other statutory requirements.

Georgia’s exit rule and US travel documents must both be complete

Georgia’s Article 49¹ departure rule applies before the airline journey: a child born in Georgia through surrogacy may leave only when the data of both parents appear in the birth record issued by the Public Service Development Agency. The agreement or US application does not substitute for this Georgian record.

Once that condition is met, the baby still needs the US passport or other document accepted for the intended route and any transit permission. SurrogateMother.ge can coordinate Georgian records, translations, clinic and hospital handovers and appointment logistics, but the embassy decides citizenship and passport applications. Flexible accommodation, paediatric follow-up and a document-delay budget are part of a realistic birth plan.

US citizenship analysis starts with the genetic facts

For a child born abroad, the United States applies its citizenship law to the individual parents and the child’s genetic or gestational relationships, residence history and documentary evidence. A Georgian birth certificate is important but does not by itself establish US citizenship. Intended parents should identify the relevant US route before treatment and preserve clinic and laboratory records that may later be needed to explain the egg, sperm and embryo history.

After birth, the family may need to complete a Consular Report of Birth Abroad or other citizenship documentation and a US passport application through the responsible authority. DNA testing should only follow official instructions when requested; a privately arranged test may not satisfy the required chain of custody. Appointment availability and evidence review can affect the stay in Georgia, so flights and accommodation should remain flexible until the child’s travel document is issued.

Helpful answers

Questions people ask about Guide for US citizens

Clear answers for real decisions: what to prepare, who is responsible and what can change the plan.

Not in every case. Citizenship depends on the applicable statute and facts, and the family must establish eligibility through the official process.

The consular post will specify required civil documents. Plan the Georgian registration and US applications as a coordinated sequence rather than assuming one can be skipped.

No. Department of State guidance describes a CRBA as evidence that the child acquired US citizenship at birth, not as a foreign birth certificate or a general custody judgment. Obtain separate parentage advice where needed.

Before treatment, parents should understand which US citizenship route could apply and which evidence will be needed after birth. A Consular Report of Birth Abroad and US passport are separate applications, and the officer may ask for genetic, gestational, identity and consent records. The final route depends on the citizenship and genetic facts of the individual family, so the document file should be planned before the delivery period rather than assembled after birth.

A US travel document solves only the destination-country part of the journey. Georgia separately requires the surrogacy birth record to contain both parents’ data before the child may depart, and the baby must also be clinically ready to travel. Parents should compare the Georgian birth certificate, US passport and airline booking letter by letter and confirm any transit-country requirements before fixing a non-changeable flight.

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