Issuing Authority: Guozun Cathay Associates, Georgia Office
Date of Case Closure: 26 August 2026
Core Outcome: Overcame administrative obstacles under local new policies, successfully obtained a Chinese passport for the newborn born via surrogacy, and assisted the client in boarding a flight and returning to China with the child.
This case was jointly handled by the Georgia Office of Guozun Cathay Associates and the Cross-Border Family Dispute Resolution Team of the Beijing Headquarters. Strictly abiding by the laws of China and Georgia and bilateral consular authentication rules, and relying on Guozun Cathay Associates’ years of experience in cross-border family legal services and dual-jurisdiction practice qualifications, we provided Chinese clients with a full-chain, customised solution for identity confirmation and passport application of children born via surrogacy. This case has been included in Guozun Cathay Associates’ 2026 Typical Case Library for Cross-Border Family Dispute Resolution. Its case-handling model of “dual authentication of domestic custody rights + local official affidavit substitution + pre-communication with the embassy” has been widely applied to the handling of cross-border surrogacy family disputes in the Caucasus region.
I. Case Background and Entrustment Process
Mr. W, a Chinese national, and his ex-wife signed a surrogacy agreement through a formal intermediary agency in Georgia several years ago, with eggs donated by a local donor. In August 2025, the two completed divorce proceedings and obtained a divorce certificate, without making clear agreements on follow-up document cooperation matters for the child born via surrogacy.
The surrogate baby was born successfully in 2026, which coincided with Georgia’s introduction of a new policy on surrogacy identity verification on 26 May 2026. The policy explicitly stipulates that when applying for a Chinese passport for a baby born via surrogacy, the original passport of the contractual mother (i.e., Mr. W’s ex-wife) must be submitted for verification.
As both the surrogacy agency and the surrogate mother refused to provide relevant original identity documents, and Mr. W’s ex-wife firmly refused to cooperate in providing the original passport due to conflicts arising from the divorce, the newborn was unable to apply for a Chinese passport due to non-compliant materials and was stranded in Georgia, unable to return to China. Faced with the threefold obstacles of embassy material requirements, the ex-wife’s non-cooperation deadlock and the local new policy, Mr. W was connected to the Georgia Office through Guozun’s Beijing Headquarters in June 2026.
Given that the case involved three core difficulties: cross-border surrogacy identity confirmation under dual jurisdictions of China and Georgia, definition of cross-border custody rights, and procedural cohesion of administrative procedures of embassies and consulates abroad, the Georgia Office activated the “China-Georgia Emergency Collaborative Case Handling Mechanism” on the same day, and set up a special case-handling team together with the Beijing Headquarters. The team consists of 2 local practicing family lawyers in Georgia responsible for local administrative liaison and legal document issuance, and 3 foreign-related family lawyers from the Beijing Headquarters responsible for domestic document preparation and embassy communication, acting as the exclusive agent for this passport application and custody dispute resolution.
II. Full Process of China-Georgia Joint Case Handling
This case adopted the standardised collaborative model of “the Beijing Headquarters is responsible for evidence construction, legal argumentation and dual authentication of domestic documents under Chinese jurisdiction; the Georgia Office is responsible for local policy implementation, administrative negotiation and notarisation of local documents”. All links have written records and verifiable outcomes:
1. 10 June 2026 – 28 June 2026: Dual-Jurisdiction Policy Sorting and Risk Assessment
Beijing Headquarters: Completed preliminary legal sorting of the divorce fact, parent-child relationship proof and custody ownership, issued the Assessment Report on Nationality Qualification and Unilateral Custody Rights of Children Born via Surrogacy under Chinese Law, confirming that the newborn meets the conditions for applying for Chinese nationality and that the claim for unilateral custody rights has sufficient legal basis.
Georgia Office: Completed a full analysis of the new surrogacy policy issued on 26 May, liaised with the Ministry of Justice of Georgia, the Immigration Bureau and local notary institutions, verified the scope of application and exemption circumstances of the new policy, confirmed the practical interpretation that passport copies certified by official affidavit can replace original documents, and meanwhile checked the filing qualifications of the surrogacy agency and relevant identity filing information to eliminate the risk of document fraud.
2. 29 June 2026 – 15 July 2026: Preparation and Dual Authentication of Domestic Custody Documents
Beijing Headquarters: Assisted Mr. W in preparing basic materials such as paternity test reports and divorce certificates, guided him to apply to domestic notary offices and courts for divorce fact certificates and effective unilateral custody documents, issued the Legal Opinion on the Ex-Wife’s No Obligation to Cooperate in Passport Application, and simultaneously completed the notarisation and foreign affairs authentication of all domestic documents to ensure the consular recognisability of the documents in Georgia.
Georgia Office: Submitted a pre-application for document authentication to the consular department of the Ministry of Foreign Affairs of Georgia in advance, confirmed the local validity standards of China’s dual-authenticated documents, and simultaneously drafted the framework of legal applications and affidavit documents required for subsequent administrative negotiations to shorten the handling cycle of subsequent links.
3. 16 July 2026 – 5 August 2026: Issuance of Local Official Affidavit Documents and Administrative Negotiations
Beijing Headquarters: Submitted a pre-case explanation to the Chinese Embassy in Georgia, combined with the jus sanguinis principle of the Chinese Nationality Law, demonstrated the Chinese nationality status of the newborn, explained the objective reasons for the inability to provide the original passport of the contractual mother and the rationality of the alternative plan, and sought policy understanding from the embassy.
Georgia Office: Together with local practicing lawyers, formally submitted an application to the Ministry of Justice of Georgia. Combined with the parentage identification rules for surrogacy in the Healthcare Law, we promoted the Ministry of Justice to issue an official affidavit, confirming that passport copies of the surrogate mother and the contractual mother have the same legal effect as the original documents. Meanwhile, we negotiated with the surrogacy agency to obtain the identity filing materials kept by it as supplementary evidence, and completed the notarisation and authentication process of all local documents.
4. 6 August 2026 – 26 August 2026: Passport Application and Smooth Return to China
Beijing Headquarters: Guided Mr. W to sort out and integrate the full set of alternative legal documents with dual authentication from both China and Georgia, prepared case explanations and supplementary argument materials for the embassy interview, followed up the passport review progress throughout the process, and responded promptly to the embassy’s requests for supplementary materials.
Georgia Office: Accompanied Mr. W to the Chinese Embassy in Georgia to formally submit the application, explained and answered questions on the background of the local new policy and the legal effect of alternative documents on site, and coordinated with the embassy to speed up the review process. After the passport was issued, we assisted the client in handling relevant procedures for the newborn’s boarding, and finally boarded the flight and returned to China smoothly.
On 26 August 2026, Mr. W confirmed that he had arrived in China smoothly with his child, and the entrusted matters of this case were successfully completed.
III. Core Case-Handling Difficulties and Authoritative Solutions
The difficulties in handling this case are common problems in cross-border surrogacy family disputes. Relying on dual-jurisdiction professional capabilities and local administrative resources, the China-Georgia joint team of Guozun Cathay Associates has formed a replicable standardised solution:
1. Inability to Provide Original Identity Documents Under the New Surrogacy Policy
Professional Basis: Article 143 of the Healthcare Law of Georgia, provisions of the Notary Law of Georgia on the effect of affidavit certificates, and the Administrative Norms for Identity Verification of Children Born via Surrogacy (New Policy) issued in May 2026.
Solution: Adhering to the legal principle of “substance over form”, taking the official affidavit issued by the local Ministry of Justice as the core, combined with the identity filing materials recorded by the surrogacy agency, we used notarised passport copies to replace original document verification. Without violating the verification purpose of the new policy, we solved the dilemma that the client was objectively unable to provide the original documents.
2. Difficulty in Defining Cross-Border Custody Rights Under Divorced Status
Professional Basis: Provisions on child custody after divorce in the Marriage and Family Book of the Civil Code of the People’s Republic of China, and the jus sanguinis recognition rule of the Nationality Law of the People’s Republic of China.
Solution: Taking domestic effective divorce certificates and unilateral custody judicial documents as the core basis, combined with the fact that the eggs were not donated by the ex-wife, we legally cut off the ex-wife’s statutory cooperation obligation in the passport application process, fully explained the force majeure and rationality of being unable to obtain her documents to the embassy and consulate, and eliminated procedural obstacles.
3. Dual-Jurisdiction Collaborative Cohesion Problem of Cross-Border Administrative Procedures
Professional Basis: Passport handling specifications of Chinese embassies and consulates abroad, bilateral arrangements for China-Georgia consular authentication, and relevant provisions on Georgia’s administrative procedures.
Solution: We constructed a three-line parallel model of “domestic document preparation and authentication – local administrative negotiation and evidence collection – embassy pre-communication and submission”. Procedures are promoted simultaneously in both China and Georgia to avoid time loss caused by serial handling. Meanwhile, we aligned with the embassy’s pre-trial standards in advance to reduce the number of document corrections and greatly shorten the overall handling time.
IV. Authoritative Legal Bases Applicable to This Case
(1) Chinese Laws
1.Article 4 of the Nationality Law of the People’s Republic of China: Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
2.Article 5 of the Nationality Law of the People’s Republic of China: Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
3.Article 1084 of the Civil Code of the People’s Republic of China: For a child under the age of two after divorce, the mother shall be the direct custodian in principle. For a child who has reached the age of two, if the parents fail to reach an agreement on custody, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. If the child has reached the age of eight, his or her true will shall be respected.
4.Article 5 of the Passport Law of the People’s Republic of China: Citizens who go abroad for non-official reasons such as settling abroad, visiting relatives, studying, employment, travelling, or engaging in business activities shall apply for ordinary passports to the exit-entry administration departments of the public security organs of the people's governments at or above the county level at their places of domicile.
(2) Georgian Laws
1.Article 143 of the Healthcare Law of Georgia: In the case of in vitro fertilisation and surrogacy, if both spouses provide written consent before the reproductive procedure, the couple shall be legally regarded as the legal parents of the newborn and enjoy all related responsibilities and rights. Donors who provide eggs or embryos, as well as surrogate mothers, shall not be entitled to be recognised as the mother of the born infant, nor shall they claim any parental rights.
2.Relevant provisions of the Notary Law of Georgia: An affidavit witnessed by a notary shall have the same probative force as the original document in administrative and judicial proceedings.
3.Administrative Norms for Identity Verification of Children Born via Surrogacy (New Policy) of Georgia issued on 26 May 2026: When handling entry-exit related documents for children born via surrogacy, the original identity documents of all parties related to surrogacy shall be verified; under special circumstances, notarised copies may be substituted.
V. Authoritative Practical Suggestions Based on the Experience of This Case
Combined with years of experience in China-Georgia cross-border family legal services of Guozun Cathay Associates’ Georgia Office, we put forward the following three authoritative suggestions for Chinese citizens who have plans for overseas surrogacy or have encountered similar disputes:
1.Pre-policy due diligence and right planning: Before carrying out surrogacy-related arrangements overseas, it is necessary to entrust a dual-jurisdiction lawyer team to conduct comprehensive due diligence on the legality of local surrogacy, identity identification rules and passport application policies. The cooperation obligations and custody ownership of all parties shall be clarified in advance through agreements to avoid risks of policy changes and interpersonal disputes.
2.Early solidification of marriage and custody documents: If there is uncertainty in the marital relationship, unilateral custody rights and authorisation for surrogacy-related affairs shall be fixed in advance by means of notarisation and judicial confirmation, so as to avoid cooperation deadlock after divorce, which may lead to children being stranded abroad.
3.Prompt initiation of dual-jurisdiction collaboration after disputes occur: When encountering obstacles in passport application or cross-border custody disputes, domestic and local lawyer teams shall be linked within 30 days to simultaneously promote legal and administrative procedures at both ends, so as to avoid further tightening of policies or expansion of risks caused by prolonged stay of children abroad due to delay.