In the sensitive realm of third-party reproduction, the donation contract is the definitive legal firewall that separates the biological donor from the legal parents. At Legal Sandbox Georgia, we draft legally impermeable Egg and Sperm Donation Agreements that strictly adhere to the requirements of Article 143 and Article 144 of the Law of Georgia on Health Care. These provisions explicitly state that a donor has no parental rights or obligations toward the child born from their genetic material. However, relying solely on the statute is insufficient for comprehensive protection; our contracts operationalize this law by securing an irrevocable, written waiver of all parental rights from the donor prior to any medical procedure. This ensures that the Intended Parents are recognized as the sole legal parents from the moment of conception, eliminating any future grounds for custody claims or financial support disputes.
Our drafting approach addresses the critical balance between medical necessity and donor anonymity. While Georgian law permits anonymous donation, the specific legal mechanisms for protecting donor identity must be meticulously drafted to withstand scrutiny, especially for international clients whose home jurisdictions may have different disclosure requirements. We create dual-layer confidentiality clauses that protect the donor’s personal identity while ensuring that the Intended Parents retain legal access to essential non-identifying medical and genetic history. This distinction is vital for the child’s future health management and satisfies the due diligence requirements often imposed by foreign consulates during citizenship processing. We ensure that the donor’s informed consent is documented in strict compliance with the standards set by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.
Furthermore, our services extend to managing the specific contractual nuances of "open" versus "anonymous" donation arrangements. In cases where Intended Parents opt for a known donor, the legal risks increase significantly. In such scenarios, we draft specialized clauses that explicitly sever the legal relationship despite the personal acquaintance, preventing the social relationship from evolving into a legal claim of de facto parenthood. We also address the disposition of unused genetic material, ensuring that the Intended Parents retain full decision-making authority over cryopreserved embryos or gametes. By standardizing these terms in a notarized agreement, we provide our clients with the highest level of legal certainty available under Georgian jurisprudence, ensuring that their family-building journey is legally secure from the very first step.
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