International Consultant -Assessment of the Surrogacy Landscape in Georgia: Legal, Policy and Institutional Perspectives

Introduction

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Duty Station of the Consultancy: Tbilisi, Georgia (remote assignment, with up to 10 days of travel to Georgia)

Duration of Consultancy: 30 Working days over a three-month period

**Nature of the consultancy :**The International Organization for Migration (IOM) is implementing a project aimed at strengthening migrant protection frameworks and preventing trafficking in human beings, with a particular focus on emerging and less-regulated areas of potential vulnerability. One such area receiving increased attention is the expansion of commercial surrogacy practices and their intersection with migration, gender inequality and transnational service provision. In this context, the Government of Georgia has committed, under the National Action Plan for Combating Trafficking in Human Beings (2025–2026), to conduct a comprehensive analysis of national legislation in light of its alignment with the Directive 2011/36/EU[1]. This commitment underscores the importance of ensuring that national frameworks adequately capture evolving forms of exploitation and provide effective mechanisms for prevention, protection and prosecution. Emerging practices, particularly those linked to commercial surrogacy, require closer examination within this policy context. While existing legislation may address key aspects of trafficking, labor exploitation and human rights protection, the complexity and transnational nature of surrogacy arrangements suggest the value of examining whether current legal and institutional frameworks sufficiently address the specific risks associated with this sector.

In recent years, countries such as Georgia have experienced an increase in demand for surrogacy services, driven by a combination of relatively enabling legal environments, lower operational costs compared to other regions, and international demand from intended parents. This has contributed to the development of a cross-border surrogacy arrangements involving private clinics, intermediaries and recruitment agents. While surrogacy itself is not inherently exploitative, the absence of comprehensive regulatory frameworks and effective oversight mechanisms in some contexts may create conditions where risks of exploitation could arise.

The multi-actor and cross-border nature of surrogacy arrangements can also present challenges for accountability and protection efforts. Legal frameworks governing surrogacy vary significantly across countries, ranging from complete prohibition to partial regulation or permissive regimes with limited safeguards. In contexts where legislation is fragmented or outdated, critical issues such as informed consent, enforceability of contracts, parental rights, medical standards and post-birth protections may remain insufficiently addressed. This regulatory ambiguity can create space for inconsistent practices and underscores the importance of strengthened oversight. At the same time, the socio-economic drivers underpinning women’s participation in surrogacy such as poverty, unemployment, debt and lack of access to social protection, must be understood within a broader structural context. For some women, surrogacy may represent a livelihood option, however, without adequate safeguards, such arrangements may carry potential health, social and rights-related risks.

Despite the growing relevance of this issue, there remains a need for comprehensive, evidence-based analysis of how legal, institutional and social factors interact to shape risks in the surrogacy sector, particularly from a trafficking and migrant protection perspective. Existing research is often fragmented, jurisdiction-specific, or focused primarily on bioethical debates, with limited integration of migration and Anti-Trafficking considerations.

Against this backdrop, there is a clear need for a systematic and multidisciplinary assessment of the current landscape of surrogacy in relevant jurisdictions. Such an assessment should examine legal and policy frameworks, institutional practices and socio-economic dynamics, while identifying specific vulnerabilities, risk factors and protection gaps. The findings of this research will support IOM’s efforts to strengthen evidence-based programming, inform policy dialogue and contribute to the development of more effective measures to safeguard the rights and well-being of women involved in surrogacy arrangements, particularly those in situations of vulnerability.

This consultancy will be implemented through a combined international and national expertise modality, with the International Consultant leading the analytical work and ensuring methodological coherence, while the National Consultant provides contextual grounding and supports data collection and stakeholder engagement.

[1] Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims was amended in 2024 (Directive (EU) 2024/1712) to strengthen the EU legal framework. The revision explicitly includes the exploitation of surrogacy, alongside forced marriage and illegal adoption, as forms of exploitation falling within the scope of trafficking in human beings.

Project Context and Scope

Under the overall supervision of IOM, the consultant will undertake a comprehensive and multidisciplinary assessment of the legal, institutional and socio-economic dimensions of surrogacy, with a particular focus on identifying risks related to trafficking in human beings and exploitation. The International Consultant will work in close coordination with a National Consultant, who will provide contextual insights and support related to the local setting. The consultant is expected to apply a mixed-methods approach, combining legal and policy analysis with qualitative research and stakeholder engagement. While the specific methodological approach may be further refined in consultation with IOM during the inception phase, it is anticipated that the assignment will include, but not necessarily be limited to, the following components:

• Assess the current state of surrogacy practices, including mapping the structure, scale, and functioning of the surrogacy sector, identifying key actors (e.g., clinics, agencies, intermediaries) and analyzing trends, modalities and cross-border dimensions of surrogacy arrangements, in close coordination with the National Consultant, particularly in relation to stakeholder identification and local data collection.
• Conduct a comprehensive legal and policy analysis of national frameworks governing surrogacy and related fields, including assisted reproductive technologies, migration and residency regulations, and relevant labor, contractual and health rights provisions. The analysis should assess alignment with international standards related to trafficking in human beings, migrant protection and human rights, including the Directive 2011/36/EU, and identify legal gaps and areas that may benefit from further clarification or strengthening.
• Analyze institutional frameworks and practices, including roles and responsibilities of relevant state institutions and private sector actors, as well as existing oversight, monitoring and accountability mechanisms. This includes reviewing available complaint and remedy mechanisms accessible to surrogate mothers, with support from the National Consultant in mapping institutional practices and facilitating access to relevant stakeholders.
• Examine social and human rights dimensions of surrogacy, including socio-economic drivers influencing women’s participation, gender dynamics, ethical considerations and the broader societal context. Particular attention should be given to vulnerabilities faced by foreign and migrant women, including those in irregular or precarious situations, drawing on contextual insights and field-level information provided by the National Consultant.
• Identify potential risks and indicators of exploitation and trafficking, including patterns that may involve of coercion, deception, abuse of vulnerability and restrictions on autonomy, drawing on available case data and stakeholder insights, including practice-based evidence and emerging patterns related to surrogate mothers in the national context, provided by inputs from the National Consultant.
• Review relevant cases and comparative practices, including documented cases with trafficking indicators and where relevant, regulatory approaches from other jurisdictions to contextualize findings and identify good practices.
• Assess to services and protection mechanisms in practice, including the availability, accessibility and effectiveness of support services for surrogate mothers such as legal assistance, healthcare, psychosocial support and complaint mechanisms with attention to potential barriers faced by migrant women, in collaboration with the National Consultant for the collection and interpretation of practice-based insights.
• Develop actionable recommendations aimed at strengthening legal and policy frameworks, improving institutional responses and enhancing protection mechanisms to prevent exploitation and trafficking in the context of surrogacy.
• Compile and submit a final consultancy report, including key findings, analytical outputs, and recommendations developed during the consultancy period.

All research activities must be conducted in line with internationally recognized ethical standards, including informed consent, confidentiality and the “do no harm” principle, with particular attention to the protection of vulnerable individuals and sensitive information.

Organizational Department / Unit to which the Consultant is contributing

Project: "Building Resilient Future for Migration-Prone Populations in Georgia"

Responsibilities

Category B Consultants: Tangible and measurable outputs of the work assignment

• Deliverable 1: Draft Workplan and methodology/ refined analytical framework and stakeholder mapping for KIIs, submitted by 12 June 2026.
• Deliverable 2: Draft analytical research on the current state, legal frameworks and social implications of surrogacy in relevant jurisdictions, including preliminary findings on risks and indicators of exploitation and trafficking as well as initial analysis of access to services and protection mechanisms in practice (including availability, accessibility and effectiveness of legal, healthcare and psychosocial support services) submitted by 2026 31 July 2026.
• Deliverable 3. Stakeholder consultation workshop on preliminary findings, including presentation of draft analysis and collection of feedback from IOM, relevant national counterparts, private sector actors and experts, submitted by 7 August 2026
• Deliverable 4: Validation workshop on revised findings and recommendations, including incorporation of stakeholder inputs and consolidation of final analytical results, submitted by 27 August 20206.
• Deliverable 5: Final analytical research, legal frameworks and social implications of surrogacy, including evidence-based recommendations for strengthening policy, legal and protection responses to prevent exploitation and trafficking in human beings, submitted by 31 August 2026.

Performance indicators for the evaluation of results

• Timely delivery of all agreed deliverables, in accordance with the approved workplan and within the contractual timeframe.
• Quality and analytical robustness of deliverables, demonstrated through coherence of findings, methodological soundness, and compliance with IOM standards, including integration of legal, social, and policy dimensions of surrogacy.
• Relevance and usability of findings and recommendations, as assessed through stakeholder validation feedback, including incorporation of inputs from consultation and validation workshops into the final report.

Qualifications

Required Qualifications and Experience

Education

• Advanced postgraduate degree (i.e. PhD, MA, MSc) in Law, Human Rights, Social Sciences, Sociology, Public Policy, Migration Studies, Public Health, Gender Studies, or other relevant disciplines related to the assignment.

Experience & Skills

• Demonstrated experience in research, policy analysis, and/or programmatic work related to human trafficking, migrant protection, gender equality, sexual and reproductive health and rights (SRHR), or related fields.
• Strong knowledge of legal and policy frameworks related to trafficking in human beings, migration governance, labor rights and/or reproductive rights.
• Experience conducting legal and/or socio-economic research, case studies, or policy assessments, preferably related to vulnerable populations, migration, or exploitation in complex transnational contexts.
• Proven experience in applying qualitative and mixed research methodologies, including key informant interviews, desk research, stakeholder consultations and policy/legal analysis.
• Experience engaging with government institutions, international organizations, civil society actors, and/or private sector stakeholders in sensitive or regulated sectors is an asset.
• Familiarity with assisted reproductive technologies (ART), surrogacy practices, or related ethical and legal debates will be considered an advantage.
• Demonstrated ability to work in English, with excellent analytical, report-writing, and communication skills.

Languages

For this consultancy, Fluency in English Language is required

Proficiency of language(s) required will be specifically evaluated during the selection process, which may include written and/or oral assessments.

Required Competencies

IOM’s competency framework can be found at this link. Competencies will be assessed during the selection process.

Values - all IOM staff members must abide by and demonstrate these five values:

• Inclusion and respect for diversity: Respects and promotes individual and cultural differences. Encourages diversity and inclusion.
• Integrity and transparency: Maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
• Professionalism: Demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.
• Courage: Demonstrates willingness to take a stand on issues of importance.
• Empathy: Shows compassion for others, makes people feel safe, respected and fairly treated.

Core Competencies – behavioural indicators

• Teamwork: Develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
• Delivering results: Produces and delivers quality results in a service-oriented and timely manner. Is action oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge: Continuously seeks to learn, share knowledge and innovate.
• Accountability: Takes ownership for achieving the Organization’s priorities and assumes responsibility for own actions and delegated work.
• Communication: Encourages and contributes to clear and open communication. Explains complex matters in an informative, inspiring and motivational way.

How to apply

Apply here: https://shorturl.at/k3rqr

Notes

IOM covers Consultants against occupational accidents and illnesses under the Compensation Plan (CP), free of charge, for the duration of the consultancy. IOM does not provide evacuation or medical insurance for reasons related to non-occupational accidents and illnesses. Consultants are responsible for their own medical insurance for non-occupational accident or illness and will be required to provide written proof of such coverage before commencing work.

Any offer made to the candidate in relation to this vacancy notice is subject to funding confirmation.

Appointment will be subject to certification that the candidate is medically fit for appointment, accreditation, any residency or visa requirements, security clearances.

IOM has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and IOM, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination based on gender, nationality, age, race, sexual orientation, religious or ethnic background or disabilities.

IOM does not charge a fee at any stage of its recruitment process (application, interview, processing, training or other fee). IOM does not request any information related to bank accounts.

IOM only accepts duly completed applications submitted through the IOM e-Recruitment system (for internal candidates link here). The online tool also allows candidates to track the status of their application.

No late applications will be accepted. Only shortlisted candidates will be contacted.

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