What to Do When a Dispute Arises With a Surrogacy Agency

Preserve records and stabilise urgent needs

Save the complete signed agreements, incorporated policies and annexes, document versions, emails and messages, invoices, bank confirmations, receipts, clinical or consent records lawfully held, authority correspondence, identity of participants and a dated chronology. Preserve original electronic files and exports where possible. Do not edit screenshots, delete inconvenient messages or ask another person to alter the record.

Identify urgent dependencies separately. A treating professional or emergency service addresses health risk. A clinic may need lawful instructions concerning treatment or stored material. A civil or consular authority controls its deadline. Counsel can coordinate legal position and notices, but a contract dispute should not delay necessary medical or official action when the competent responder must be contacted directly.

Identify the disputed obligation and responsible party

State the issue in neutral terms: what was promised, by whom, under which clause or written representation, what should have happened, what occurred, what notice has been given and what loss or dependency now exists. A commercial brand, coordinator and contracting entity may be different people. Related clinic, surrogate, donor, storage or payment agreements may allocate responsibility elsewhere.

Review governing law, forum, notice method, language, cure period, termination, refund, limitation and dispute clauses across all documents. Do not assume that one agreement’s forum controls another. Contract interpretation and remedies may depend on mandatory law, party status, cross-border rules and evidence beyond the words of a single clause.

Avoid unplanned escalation

Before stopping payments, terminating, instructing another provider, publishing accusations or filing a complaint, ask what contractual and practical consequences may follow. Those actions may be justified in a particular case, but they can also trigger counterclaims, loss of access, record disputes or disruption to treatment and birth planning. A reservation-of-rights or evidence request may preserve position while urgent facts are clarified.

Communicate through a controlled channel. Use a concise factual statement, identify the contract and relevant clause, request specific evidence or action, set a reasonable response date consistent with the agreement, and preserve delivery proof. Avoid speculation about motive or criminality unless a competent adviser and evidence support the allegation. Never threaten public disclosure of confidential medical or personal data as leverage.

• Keep health and child-welfare needs outside bargaining tactics.
• Confirm authority before instructing a clinic or storage provider.
• Ask for an itemised account before asserting a refund figure.
• Preserve access to documents and transition support.
• Coordinate any foreign-law or consular dependency separately.

Assess negotiation and formal remedies

Define the practical objective: obtain information, correct performance, protect treatment, replace a coordinator, recover records or funds, transition services, pause the journey, terminate, or seek compensation or urgent relief. A negotiated solution can address operational needs that a later damages claim cannot, but settlement terms should cover releases, confidentiality, records, funds, continuing cooperation and the position of non-parties.

Formal options may include contractual notice, mediation, arbitration, court or regulatory and consumer routes depending on the parties, facts, law and forum. This guide does not state that any route or remedy is available. Obtain advice on jurisdiction, evidence, limitation periods, interim measures, costs, enforceability and the effect on related agreements before proceeding.

Official sources and legal limits

The following primary sources informed this guide. Official English translations and service pages are useful orientation, but current Georgian text, implementing rules, authority practice and the particular facts should be checked before individual advice is given.