Sex / Gender

Public Defender Addresses Ministry of Health relating to Maternity Leave during Surrogacy

On April 13, 2020, the Public Defender of Georgia addressed the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia with a general proposal relating to the enjoyment of maternity leave by a surrogate woman and a parent of a child born through surrogacy.

Although the surrogacy institute is allowed in Georgia, no applicable legal acts regulate the enjoyment of the right to maternity leave by a surrogate woman and a parent of a child born through surrogacy.

According to the Public Defender, surrogate women go through the same physiological and emotional processes and have similar medical and psycho-social needs as other pregnant women, while the parents of children born through surrogacy are essentially in an equal situation with other biological parents who have not used the services of a surrogate woman. They are also in an equal situation with the employees who have adopted a child and have the opportunity to take adoption leave. Consequently, the surrogate woman has the need to take a leave due to pregnancy and childbirth, while the parent of a child born through surrogacy has the need to take a leave in order to look after the child.

In order to eliminate discriminatory practices, it is necessary to legislate the issue of the enjoyment of maternity leave by a surrogate woman and a parent of a child born through surrogacy. Accordingly, the Public Defender addressed the Minister of Health with general proposals to draft amendments to legislate the issue of enjoyment of maternity leave by a surrogate woman or a parent of a child born through surrogacy both in public and private sectors.

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