Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of Georgia

With surrogacy-friendly legislation and relatively affordable reproductive services, Georgia has become one of the centres of surrogacy worldwide. Despite the legality of surrogacy, the scarcity of legislation leaves this field largely unregulated. Georgian law regulates only the preand post-procedu...

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Main Authors: Mariam Darchiashvili, Elene Gavashelishvili
Format: Article
Language:English
Published: Tallinn University 2023-06-01
Series:Studies of Transition States and Societies
Subjects:
Online Access:http://publications.tlu.ee/index.php/stss/article/view/1145/880
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author Mariam Darchiashvili
Elene Gavashelishvili
author_facet Mariam Darchiashvili
Elene Gavashelishvili
author_sort Mariam Darchiashvili
collection DOAJ
description With surrogacy-friendly legislation and relatively affordable reproductive services, Georgia has become one of the centres of surrogacy worldwide. Despite the legality of surrogacy, the scarcity of legislation leaves this field largely unregulated. Georgian law regulates only the preand post-procedural periods of surrogacy, and the surrogacy process is almost entirely omitted from the legal framework. In this article, we explore how surrogacy is regulated and managed in everyday life in Georgia. A closer examination shows that to manage the process efficiently, agencies and clinics create their own fluid regulations that, on the one hand, are based on global guidelines but, on the other hand, reflect the shared norms relevant in the Georgian context. The paper is largely based on a study of surrogacy clinics and agencies in Tbilisi and Batumi during 2020 and 2022. Our study revealed the sizeable role informalities have in everyday surrogacy negotiations. Moreover, these informalities are not separate but entngled with formal regulations and institutions. We explored the complementary, compensating, and enabling character of informalities for formalities both at the institutional (agencies and clinics) and the individual level (intended parents and surrogate women).
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spelling doaj.art-afcaa6e4f14142e1b8bceb29b661d5bc2023-06-27T13:52:37ZengTallinn UniversityStudies of Transition States and Societies1736-87582023-06-011511831https://doi.org/10.58036/stss.v15i1.1145Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of GeorgiaMariam Darchiashvili0https://orcid.org/0000-0003-1500-0620Elene Gavashelishvili1Ilia State UniversityIlia State UniversityWith surrogacy-friendly legislation and relatively affordable reproductive services, Georgia has become one of the centres of surrogacy worldwide. Despite the legality of surrogacy, the scarcity of legislation leaves this field largely unregulated. Georgian law regulates only the preand post-procedural periods of surrogacy, and the surrogacy process is almost entirely omitted from the legal framework. In this article, we explore how surrogacy is regulated and managed in everyday life in Georgia. A closer examination shows that to manage the process efficiently, agencies and clinics create their own fluid regulations that, on the one hand, are based on global guidelines but, on the other hand, reflect the shared norms relevant in the Georgian context. The paper is largely based on a study of surrogacy clinics and agencies in Tbilisi and Batumi during 2020 and 2022. Our study revealed the sizeable role informalities have in everyday surrogacy negotiations. Moreover, these informalities are not separate but entngled with formal regulations and institutions. We explored the complementary, compensating, and enabling character of informalities for formalities both at the institutional (agencies and clinics) and the individual level (intended parents and surrogate women).http://publications.tlu.ee/index.php/stss/article/view/1145/880surrogacy agenciesfertility clinicsinformalityself-regulationgeorgia
spellingShingle Mariam Darchiashvili
Elene Gavashelishvili
Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of Georgia
Studies of Transition States and Societies
surrogacy agencies
fertility clinics
informality
self-regulation
georgia
title Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of Georgia
title_full Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of Georgia
title_fullStr Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of Georgia
title_full_unstemmed Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of Georgia
title_short Entanglement of the Formal and Informal in Everyday Surrogacy Negotiations: The Case of Georgia
title_sort entanglement of the formal and informal in everyday surrogacy negotiations the case of georgia
topic surrogacy agencies
fertility clinics
informality
self-regulation
georgia
url http://publications.tlu.ee/index.php/stss/article/view/1145/880
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