On Civil Acts

Law of Georgia

On Civil Acts

Article 1. Purpose of the Law🔗

The purpose of this Law is the formation of a unified system for the registration and recording of civil acts.

Article 2. Scope of Regulation of the Law🔗

This Law determines the types of civil acts, the main conditions for their registration, for making changes, corrections and additions to a civil act record, for the re-registration of a civil act, for declaring birth and death civil act records invalid, for the registration of birth and death, as well as for establishing facts of legal significance of a person's birth and death at a certain time and in certain circumstances, and for the issuance of a document confirming the registration of a civil act, and also the bodies authorised in the field of civil acts.

Article 3. Definition of terms🔗

For the purposes of this Law, the terms used herein have the following meaning:

a) civil act − a fact of legal significance provided for by this Law: birth, establishment of paternity, adoption, marriage, divorce, change of name and/or surname, death;

b) civil act record − an individual administrative-legal act which confirms a fact of legal significance provided for by this Law;

b¹) civil act material record − a civil act record created in accordance with the legislation of Georgia in force at the time of its creation, in material form (in handwriting or using a special computer program) and which at the time of creation is not certified by a qualified electronic signature and/or stamp;

b²) civil act electronic record − a civil act record which exists in electronic form (electronic document) and is certified in the manner established by the legislation of Georgia by a qualified electronic signature and/or stamp;

b³) electronic photocopy of a civil act material record − a photocopy of a civil act material record which is certified by a qualified electronic signature and/or stamp;

c) registration of a civil act – registration of a fact of legal significance provided for by this Law, proceeding from the interests of the state, for the purpose of protecting the property and personal non-property rights of a natural person;

d) certificate of registration of a civil act − a document issued by an authorized body on the basis of a civil act record, which confirms the registration of a civil act;

e) amendment to a civil act record − replacement of existing data in a civil act record with new data;

f) correction in a civil act record − replacement of incorrect data in a civil act record with correct data;

g) addition to a civil act record − completion of incomplete data in a civil act record;

h) database of civil acts – a collection of civil act material records, civil act electronic records, electronic photocopies of civil act material records and data contained in civil act records;

i) electronic database of civil acts – a collection of civil act records existing in electronic form and data contained in civil act records;

j) child – a person in respect of whom registration of birth, establishment of paternity or adoption is carried out;

k) legalization − confirmation by a state body with appropriate authority of the authenticity of the signature on a document, the authority of the signatory, the authenticity of a seal or stamp;

l) Apostille certification – under the Hague Convention of 5 October 1961 "Abolishing the Requirement of Legalisation for Foreign Public Documents", the state certification, by a duly authorised state body and under a simplified procedure, of the authenticity of the signature on a document, of the authority of the signatory, and of the authenticity of the seal or stamp.

Law of Georgia of 16 March 2012 No. 5851 – website, 23.03.2012.

Law of Georgia of 25 May 2012 No. 6317 – website, 19.06.2012.

Law of Georgia of 29 May 2014 No. 2482 – website, 29.05.2014.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 4. Bodies for the registration of civil acts🔗

1. The bodies for the registration of civil acts are:

a) a Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia − the Public Service Development Agency (hereinafter – the Agency), which exercises its powers through territorial services;

b) within the scope of delegated powers − a diplomatic representation of Georgia abroad, an interests section of Georgia established in a diplomatic representation of a third state, and a consular institution (hereinafter – the consular institution);

c) within the scope of delegated powers − a notary.

2. The powers of the bodies for the registration of civil acts are:

a) registration of birth, establishment of paternity, adoption, marriage, divorce, change of name and/or surname, and death;

b) making a change, correction and/or addition to a civil act record;

c) re-registration of a civil act;

d) declaring birth and death civil act records invalid;

e) establishment of the following facts of legal significance:

e.a) establishment of the fact of a person's birth at a certain time and in certain circumstances;

e.b) establishment of the fact of a person's death at a certain time and in certain circumstances;

e.c) establishment of the fact of registration of a person's birth;

e.d) establishment of the fact of registration of a person's death;

f) issuance of a civil act registration certificate and of a statement on the registration of a civil act;

g) keeping of a civil act record;

h) issuance, in respect of a citizen of Georgia or a stateless person having status in Georgia, of a statement on the absence of circumstances impeding marriage for the purpose of their marriage abroad;

i) exercise of the powers provided for by this Law and other legal acts.

3. The Agency is entitled to certify and issue copies of administrative-legal acts and other documents issued in the system of the Ministry of Justice of Georgia in the field of civil acts before its establishment.

4. The consular institution may exercise the powers provided for by paragraph 2 of this Article, or individual actions necessary for the exercise of those powers, within the scope of the powers delegated to a consular official, unless otherwise determined by an international treaty or agreement of Georgia. The scope of the delegated powers of the consular institution, the procedure and time limits for their exercise shall be determined by a joint order of the Minister of Foreign Affairs of Georgia and the Minister of Justice of Georgia.

5. A notary is entitled, in accordance with the procedure established by this Law and an order of the Minister of Justice, to carry out the registration of marriage and divorce and to issue certificates of registration of these civil acts.

Law of Georgia of 16 March 2012 No. 5851 – website, 23.03.2012

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012

Law of Georgia of 25 May 2012 No. 6317 – website, 19.06.2012

Law of Georgia of 29 May 2014 No. 2482 – website, 29.05.2014.

Article 5. Civil act record and civil act registration certificate🔗

1. A civil act record and a civil act registration certificate shall be created in the form of an electronic document. It is also possible for a civil act record and a civil act registration certificate to be created and issued in material form when, due to a force majeure circumstance and/or technical disruption, it is impossible to create them in the form of an electronic document in accordance with the procedure established by law. Force majeure circumstances shall be determined by an Order of the Minister of Justice of Georgia. In the aforementioned case, it shall be mandatory that a civil act record created in material form be created in the form of an electronic document within 5 working days from the elimination of the force majeure circumstance determined by the Order of the Minister of Justice of Georgia provided for by this paragraph. At the request of an authorized person, the electronic civil act registration certificate may be issued in the form of a material copy certified in accordance with the legislation of Georgia, which has equal legal force to the electronic certificate.

2. The forms, requisites and sample blank forms of a civil act record and a civil act registration certificate shall be approved by an Order of the Minister of Justice of Georgia in accordance with the Law of Georgia "On Symbols of State Importance", while the rules for keeping a civil act record and issuing a civil act registration certificate shall be determined by an Order of the Minister of Justice of Georgia.

Law of Georgia of 22 February 2019 No. 4323 – website, 07.03.2019.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 6. Civil act registration certificate🔗

1. The civil acts registration authority shall, on the basis of a civil act record kept in the civil acts database, issue a civil act registration certificate at the request of an authorized person.

2. A civil act registration certificate shall be completed in the state language of Georgia, except for cases provided for by an international treaty of Georgia or by this Law. A civil act registration certificate may be completed in a foreign language in cases determined by an Order of the Minister of Justice of Georgia.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 6¹. Indication of sex in a civil act record🔗

1. During the registration of a civil act, it is inadmissible to indicate in the civil act record, as the person's sex, a sex different from their biological sex. By making an amendment and/or addition to the civil act record, it is inadmissible to indicate therein, as the person's sex, a sex different from their biological sex. These prohibitions shall not apply to the case of drawing up and registering a civil act record after the entry into force of this Article in respect of a person in respect of whom, in the relevant civil act record registered in Georgia, an amendment made before the entry into force of this Article indicated a sex different from their biological sex. The said prohibitions shall also not apply to the case of drawing up and registering a civil act record after the entry into force of this Article in respect of a person in respect of whom, in an identity document issued in Georgia before the entry into force of this Article, a sex different from their biological sex was indicated.

2. For the purposes of this Article, biological sex is the sex identified according to inherited genetic characteristics. At the same time, for the purposes of the first and 2nd sentences of paragraph 1 of this Article, a person shall be considered a representative of the biological sex that was initially indicated in respect of them in the relevant civil act record registered in Georgia, and in the absence of such a civil act record — a representative of the biological sex indicated in the relevant document establishing their identity submitted to the civil acts registration body.

Law of Georgia of 17 September 2024 No. 4442 – website, 03.10.2024.

Article 7. Accessibility of information🔗

1. Data of civil act registration shall be accessible to an adult, capable person in respect of whom a civil act is registered, unless otherwise provided by the legislation of Georgia.

2. Data of death registration shall be open and accessible to any person.

3. A Ministry of Georgia and its territorial body, a state sub-agency institution, a Legal Entity of Public Law and its territorial body, a body of the judicial authority, a municipal body and any person exercising public-law authority on the basis of the legislation of Georgia may receive the information necessary for the exercise of their authority on civil act registration, unless otherwise provided by law.

4. A copy of a civil act record, except copies of records of birth and adoption civil acts, shall be issued upon the request of a person having the authority to receive personal data.

5. In case of necessity, by a resolution of an investigative body, as well as by a ruling of a court, the civil act registration body shall issue the original of a civil act record, which, after the relevant examination and assessment or upon the entry into force of the final judgment rendered in the case, shall be returned to the body that issued it.

6. Data of civil act registration shall be accessible to an authorised body of another state in the case provided for by an international treaty or agreement of Georgia.

Law of Georgia of 15 July 2020 No. 6939 – website, 28.07.2020.

Article 8. Authenticity of civil act records and documents confirming civil act registration🔗

In Georgia, the following shall be considered authentic:

a) data contained in the civil acts database, documents confirming civil act registration, including material copies/electronic copies of civil act records certified by the civil act registration body, which are drawn up in Georgia or by a consular institution, on the basis of the legislation of Georgia in force at the time of their drawing up;

b) civil act records and documents confirming civil act registration, which are drawn up and legalised or apostilled abroad, on the basis of the legislation of another state, unless otherwise provided by this Law or by an international treaty or agreement of Georgia;

c) documents confirming civil act registration, which are drawn up in Georgia on the basis of religious customs, before the establishment or restoration of bodies authorised to register civil acts, in accordance with the legislation in force at the time of their drawing up.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 9. Validity of the data indicated in a civil act record, a civil act registration certificate and the electronic database of civil acts data🔗

1. In the event of inconsistency between the data indicated in the records of civil acts registered in respect of a person or in a civil act record and a civil act registration certificate, until the contrary is established, the data indicated in the birth civil act record shall be considered valid.

2. In the event of inconsistency between the data indicated in a civil act record registered in respect of a person and the electronic database of civil acts data, until the contrary is established, the data indicated in the material record of the civil act shall be considered valid, except when the data in the electronic database of civil acts data have been changed within the proceedings provided for by this Law.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 10. Registration of a civil act in respect of an alien staying in Georgia without a legal ground🔗

In respect of an alien staying in Georgia without a legal ground, only the registration of birth and death civil acts shall be carried out and the respective certificates shall be issued.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 11. Procedure for submitting and considering an application🔗

1. The procedure and conditions for submitting and considering an application on the issuance of an administrative-legal act or the performance of an action provided for by this Law, as well as for the registration of civil acts, shall be determined by this Law and by Order of the Minister of Justice of Georgia.

2. Documents issued by an authorised body of another state, which must be submitted to the civil acts registration body, require legalisation or certification by apostille, unless otherwise provided by the legislation of Georgia.

3. The procedure for submitting documents issued in another state to the civil acts registration body shall be determined by Order of the Minister of Justice of Georgia.

4. Acts issued by illegal bodies (officials) existing in the occupied territories may be submitted to the civil acts registration body for the purposes provided for by paragraph 2 of Article 8 of the Law of Georgia "On Occupied Territories".

5. The Agency/civil acts registration body is entitled to communicate with the interested party by publishing on the official website of the Electronic Documents Agency. The Agency is also entitled to use other means of communication.

6. An individual administrative-legal act issued in electronic form by the Agency/civil acts registration body, which meets the requirements of the Law of Georgia "On Electronic Document and Electronic Trust Services" (hereinafter – electronic individual administrative-legal act), except for a civil act record, shall enter into force upon the party's being notified in accordance with the procedure established by law or on the day of publication.

7. The publication of an electronic individual administrative-legal act on the official website of the Agency shall also be deemed publication. In this case, the calculation of the time limit related to the electronic individual administrative-legal act shall begin upon its publication.

8. A civil act record shall enter into force upon registration, except for cases provided for by the legislation of Georgia. A civil act record, except for records of birth and adoption civil acts, may be published on the official website of the Agency in cases determined by Order of the Minister of Justice of Georgia.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Law of Georgia of 6 June 2018 No. 2475 – website, 21.06.2018.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 12. Request of information🔗

Every natural and legal person, as well as an administrative body, shall be obliged to submit to the civil acts registration body any information requested by it (including that containing personal data) necessary for the exercise of the powers provided for by this Law.

Article 13. Rule for Recording the Name and Surname🔗

The recording of the name and surname in a civil act record and in a civil act registration certificate shall be carried out in accordance with the rule established by order of the Minister of Justice of Georgia.

Article 14. Language of Proceedings🔗

In the exercise of the powers provided for by this Law, proceedings in the civil acts registration body shall be conducted in the state language of Georgia.

Article 15. Recusal🔗

1. Where the grounds for recusal provided for by Article 92 of the General Administrative Code of Georgia exist, an application for recusal shall be considered, and the question of the recusal or self-recusal of an authorised person of a territorial service of the Agency shall be decided, by the Chairperson of the Agency.

2. If the application for recusal is granted, the case shall, by decision of the Chairperson of the Agency, be transferred for consideration to another territorial service of the Agency.

3. The rule and conditions for the recusal of a consular official shall be determined by a joint order of the Minister of Justice of Georgia and the Minister of Foreign Affairs of Georgia.

Article 16. Time Limit for Consideration of an Application🔗

1. The civil acts registration body shall consider an application on matters falling within its powers within the time limit established by the General Administrative Code of Georgia, unless otherwise provided by the legislation of Georgia.

2. Where a precondition exists for refusing to perform an act falling within the powers of the civil acts registration body or for issuing an administrative-legal act, the maximum time limit established by the legislation of Georgia for the consideration of the application may be extended at the request of the applicant and with the consent of all interested parties participating in the administrative proceedings, if the extension of the time limit is necessary in order to submit a document that may facilitate the granting of the applicant's request. The civil acts registration body shall issue a reasoned decision on the extension of the time limit.

3. The civil acts registration body shall continue consideration of the application within a reasonable time. The total time limit for consideration of the application shall not exceed 6 months.

4. The rule provided for by paragraph 2 of this Article shall not restrict the right of the civil acts registration body, in accordance with the rule established by the legislation of Georgia, to extend the time limit of the administrative proceedings on its own initiative.

Article 17. Suspension of Consideration of an Application🔗

The civil acts registration body shall be entitled, by a reasoned decision, to suspend the consideration of an application if proceedings on the same matter are pending in court. The consideration of the application shall be suspended until the court judgment enters into legal force.

Article 18. Refusal of a claim🔗

1. When considering an application, before making a decision, the applicant is entitled to waive his/her claim.

2. In the event of the applicant waiving his/her claim, the civil acts registration body shall issue a decision on termination of the consideration of the application.

3. The rule provided for by this Article shall not apply when considering an application on the registration of birth, death, adoption, on making changes, corrections and additions to a civil act record, as well as on declaring a civil act record invalid.

Article 19. Refusal by an authorised body🔗

Unless otherwise provided by the legislation of Georgia, the applicant may be refused satisfaction of the application in the following cases:

a) a person not authorised thereto requests the performance of the relevant action or the issuance of an administrative-legal act;

b) the documents provided for by the legislation of Georgia for the performance of the relevant action or the issuance of an administrative-legal act have not been submitted;

c) his/her claim contradicts the legislation of Georgia.

Article 20. Birth🔗

Birth is a fact of legal significance that is subject to mandatory registration by the civil acts registration body.

Article 21. Documents confirming birth🔗

1. For the purposes of birth registration, the documents confirming birth are:

a) a medical certificate of birth;

b) a decision of an authorised body on establishing the fact of legal significance of a person's birth at a certain time and in certain circumstances;

c) a document confirming birth issued by an authorised body of another state on the basis of the legislation of that state.

2. By order of the Minister of Justice of Georgia, other documents confirming birth may also be determined for the purposes of birth registration.

Article 22. Conditions of birth registration🔗

The civil acts registration body shall register the birth of a child born abroad to a citizen of Georgia, to a stateless person having status in Georgia, as well as of a child born in Georgia.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Article 23. Obligation to apply to the civil acts registration body regarding birth registration🔗

1. The obligation to apply to the civil acts registration body regarding birth registration shall be imposed on:

a) the head of a medical institution or a person authorized by him/her, if the child was born in this institution;

b) a person who is authorized to issue a medical certificate of birth, but is not in an employment relationship with any medical institution, if he/she provided assistance to the child's mother during childbirth outside a medical institution;

c) the child's parent, if the persons indicated in subparagraphs „a“ and „b“ of this paragraph have not declared the child's birth, as well as if the child was born outside a medical institution without the assistance of a person authorized to issue a medical certificate of birth or in another state;

d) a person authorized by the mayor of the municipality, if the child was born outside a medical institution without the assistance of a person authorized to issue a medical certificate of birth;

e) the head of the guardianship and curatorship body or of an institution carrying out upbringing activities, if the person whose birth is not registered is a child under the upbringing of this body or institution or is under its guardianship and curatorship.

2. The persons indicated in subparagraphs „a“ and „b“ of the first paragraph of this article shall have the obligation to apply to the civil acts registration body regarding birth registration regardless of whether other persons fulfil this obligation.

3. The persons indicated in subparagraphs „a“ and „b“ of the first paragraph of this article shall apply to the civil acts registration body regarding birth registration in the manner established by Article 24 of this Law, within 5 working days from the birth of the child.

4. The guardianship and curatorship body, the head of an institution carrying out upbringing activities, a person authorized by the mayor of the municipality shall apply to the civil acts registration body in the manner established by Chapter XII of this Law, within 1 month from becoming aware of the absence of birth registration or from becoming aware of the birth of a child without the assistance of a person authorized to issue a medical certificate of birth outside a medical institution.

5. The child's parent shall apply to the civil acts registration body regarding the child's birth within 1 month from the child's birth. In the case of impossibility of presenting a medical certificate of birth, the child's parent shall apply to the civil acts registration body in the manner established by Chapter XII of this Law.

6. In the case of application to a consular institution by the guardianship and curatorship body of another state, birth registration shall be carried out in the presence of the conditions provided for by Article 22 of this Law.

7. In the cases provided for by Articles 23, 71 and 72 of this Law, a person authorised by the mayor of a municipality shall carry out his/her activities within the scope of the authority delegated by the State to the municipality, the exercise of which shall be subject to sectoral supervision by the Ministry of Justice of Georgia in accordance with the procedure established by the Organic Law of Georgia “Local Self-Government Code”.

Law of Georgia No. 2482 of 29 May 2014 – website, 29.05.2014.

Law of Georgia No. 5101 of 27 May 2016 – website, 04.06.2016.

Law of Georgia No. 1263 of 26 July 2017 – website, 29.07.2017.

Article 24. Submission of a medical certificate on birth🔗

1. The head of a medical institution or a person authorised by him/her shall be obliged to submit the medical certificate on birth to the Agency only in electronic form. In the case provided for by a joint order of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and the Minister of Justice of Georgia, the medical certificate on birth may be submitted in material form.

2. The details of the medical certificate on birth and the procedure for its drawing up and sending shall be determined by a joint order of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and the Minister of Justice of Georgia.

3. The institution/person sending the medical certificate on birth to the Agency shall be responsible for the accuracy and completeness of the sent medical certificate, except in cases where its complete filling in is impossible due to the impossibility of obtaining the appropriate information.

4. If the medical certificate on birth provided for by this Article does not fully contain the information provided for by a joint order of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and the Minister of Justice of Georgia, the Agency shall be entitled not to carry out the registration of the birth.

Law of Georgia No. 3075 of 5 July 2018 – website, 11.07.2018.

Article 25. Determination of a child’s name, surname and place of birth during birth registration🔗

1. The procedure for determining a child’s name, surname and place of birth during birth registration shall be established by an order of the Minister of Justice of Georgia.

2. If, during birth registration, the authorised person does not declare the giving of a name to the child, the civil acts registration body shall, taking into account the child’s sex, give him/her a name by means of a special electronic programme, from names recorded in the Agency’s database that are characteristic of the corresponding sex, on the principle of random selection.

Article 26. Recording of the child's parents upon registration of birth🔗

1. The origin of a child from married parents is established by a joint statement of the spouses or by a statement of one of the spouses and documents confirming the birth of the child and the marriage of the parents.

2. In the event of the father's death, the child shall be considered as originating from married parents if it was born not later than 10 months after the father's death.

3. The origin of a child from parents not in marriage is established by a joint statement of the parents and a document confirming the birth of the child.

4. If a child is born to an unmarried mother and there is no joint statement of the parents or a court judgment on establishing paternity, the data of the child's father shall not be indicated in the birth civil act record.

5. In the case of parents not in marriage, the data on the mother in the birth civil act record shall be indicated on the basis of the document confirming the birth and the mother's statement, and the data on the father − on the basis of the joint statement of the parents. If, at the moment of birth registration, the mother is deceased, has been recognized by a court as missing, or has been deprived of parental rights, the data on the mother in the birth civil act record shall be indicated on the basis of the document confirming the birth, and the data on the father – on the basis of the father's statement.

6. A child born during marriage shall not be considered as originating from married parents if, upon registration of the birth, the respective statement of the child's mother and her spouse is submitted.

7. In the case of registration of a child's birth on the basis of the statement of one of the parents in marriage, the parent without whose statement the birth registration was carried out has the right, within 1 year from the time when he/she became aware or should have become aware of the birth registration, to contest the data indicated in the birth civil act record. If, at the time of the emergence of the right to contest the data, the child's parent is a minor, the contest period shall be counted from his/her attainment of majority.

Law of Georgia of 20 March 2015 No. 3347 - website, 31.03.2015.

Article 27. Assignment of a Personal Number🔗

1. A personal number is a person's unique identification data, the change of which is inadmissible, except for cases directly provided for by the legislation of Georgia.

2. A personal number shall be assigned to a person upon registration of birth and in the cases determined by the Law of Georgia "On the Procedure for Registration of Citizens of Georgia and Aliens Residing in Georgia, and for Issuance of Identity (Residence) Cards and Passports of Citizens of Georgia". The procedure for assigning a personal number shall be determined by an Order of the Minister of Justice of Georgia.

3. In the case provided for by a joint Order of the Minister of Justice of Georgia and the Minister of Foreign Affairs of Georgia, registration of birth may be carried out without the assignment of a personal number.

Law of Georgia of 29 May 2014 No. 2482 – website, 29.05.2014.

Article 28. Registration of the Birth of a Found Child🔗

1. The basis for the registration of the birth of a found child shall be an application of the guardianship and curatorship authority regarding the registration of the birth. The application shall state the child's first name, surname, and the presumed date and place of birth.

2. The application referred to in paragraph 1 of this article shall be accompanied by a medical opinion on the determination of the child's age.

Article 29. Registration of the Birth of a Stillborn Child🔗

1. The registration of the birth of a stillborn child shall be carried out in accordance with the procedure established by this Law for the registration of birth. The registration of the death of a stillborn child shall not be carried out.

2. The first name and surname of a stillborn child shall not be indicated in the record of the civil act of birth.

Article 30. Registration of the Birth of a Child Conceived as a Result of Extracorporeal Fertilisation🔗

The registration of the birth of a child conceived as a result of extracorporeal fertilisation shall be carried out in accordance with this Law, the Law of Georgia "On Health Care" and the procedure established by an Order of the Minister of Justice of Georgia.

Article 31. Establishment of Paternity🔗

Establishment of paternity is a fact of legal significance whereby a person is recognised as the father of a child, the registration of which shall be carried out by the civil acts registration authority on the basis of an application of an authorised person or a court judgment.

Article 32. Authority to apply to the civil acts registration body for registration of establishment of paternity🔗

1. The right to apply to the civil acts registration body for registration of establishment of paternity shall be held by:

a) parents who are not married at the moment of the child's birth, jointly;

b) the child (after attaining majority), one of his/her parents, guardian or curator, if paternity is established by a court judgment;

c) the child's father, if the child is a minor, and the mother has died, has been recognized by the court as missing without trace or has been deprived of parental rights.

2. A joint application of the parents on establishment of paternity with respect to a child not yet born may be submitted during the mother's pregnancy. In this case, for registration of establishment of paternity, submission of a new application of the parents shall not be required, unless the previous application was withdrawn by one or both parents.

3. Registration of establishment of paternity shall be carried out if:

a) the child in respect of whom registration of establishment of paternity is to be carried out is a citizen of Georgia, a person holding a residence permit in Georgia, was born in Georgia, or if his/her birth is registered by an authorized body of Georgia;

b) one of the parents of a minor child is a citizen of Georgia or a person holding a permanent residence permit in Georgia;

c) the decision on establishment of paternity was rendered by a court of Georgia;

d) the decision on establishment of paternity was rendered by a court of another state and is recognized in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 20 March 2015 No. 3347 – website, 31.03.2015.

Article 33. Court judgment on establishment of paternity🔗

1. The court shall send its judgment on establishment of paternity, within 5 working days from its entry into legal force, to the civil acts registration body at the place of rendering of the judgment.

2. On the basis of the judgment on establishment of paternity submitted by the court, the civil acts registration body shall carry out registration of establishment of paternity and shall make the corresponding amendment in the record of the birth civil act.

3. The procedure for registration of establishment of paternity on the basis of a court judgment shall be determined by an order of the Minister of Justice of Georgia, unless otherwise provided by this Law.

Article 34. Special rule for establishing paternity🔗

1. If in the civil birth record a person is indicated as the child's father who is not his biological father, the civil acts registration authority is entitled to carry out the registration of establishment of paternity upon the joint request of the persons indicated as parents in the civil birth record and the biological father, or on the basis of a court judgment.

2. If in the civil birth record the data of the child's father have been entered on the basis of a court judgment on establishment of paternity or a civil act record of establishment of paternity, registration of establishment of paternity is possible only by a court judgment, except where the registration of establishment of paternity was carried out at the registration of the child's birth.

3. In the case of registration of establishment of paternity in the manner determined by paragraph 1 of this Article, the civil act record of establishment of paternity drawn up at the registration of the child's birth shall be considered void.

Article 35. Registration of establishment of paternity in respect of an adult person🔗

1. Registration of establishment of paternity in respect of an adult, as well as the change of his surname, is permissible only with the consent of this person, and if this person has been recognised by a court as a recipient of support – on the basis of a court judgment.

2. The consent provided for by paragraph 1 of this Article is not required if the registration of establishment of paternity is carried out on the basis of a court judgment.

3. When registering the establishment of paternity in respect of an adult person, the change of his surname is inadmissible if criminal prosecution is pending against this person, including if this person is wanted by the law enforcement authorities of Georgia or another state or by the International Criminal Police Organization (Interpol), except where, together with the establishment of paternity, the change of the person's surname is indicated in the court judgment.

Law of Georgia of 20 March 2015 No. 3347 – website, 31.03.2015.

Law of Georgia of 18 April 2018 No. 2149 – website, 01.05.2018.

Article 36. Establishment of paternity of a recipient of support🔗

If the child's father is recognised as a recipient of support, registration of establishment of paternity is permissible only on the basis of a court judgment.

Law of Georgia of 20 March 2015 No. 3347 – website, 31.03.2015.

Article 37. Establishment of paternity at birth registration🔗

If, at birth registration, a person acknowledges the child as his own, registration of establishment of paternity is not carried out.

Article 38. Time limit for registration of establishment of paternity🔗

Registration of establishment of paternity shall be carried out within 1 working day from the submission of the application.

Article 39. Declaration of a civil act of establishment of paternity as void🔗

The civil act record of establishment of paternity shall be considered void if the court establishes that the person indicated as the child's father in the civil act record of establishment of paternity is not his father.

Article 40. Basis for registration of adoption🔗

Adoption is a fact of legal significance, the registration of which is carried out by the civil acts registration body on the basis of a court judgment.

Law of Georgia of 4 May 2017 No. 749 - website, 24.05.2017.

Article 41. Authority to apply to the civil acts registration body for registration of adoption🔗

The adopter, an adult and capable adoptee, as well as the guardianship and curatorship body, shall have the right to apply to the civil acts registration body for registration of adoption.

Article 42. Change of data on the adoptee and/or his/her parent(s)🔗

1. In order to ensure the protection of the secrecy of adoption, the replacement of the data on the adoptee's first name, surname, place of birth, date of birth, personal number and his/her parent(s) with data on the adopter(s) shall be carried out on the basis of a court judgment, at the time of registration of the adoption.

2. In the event of a change of data on the adoptee and/or his/her parent(s), the relevant amendments shall be entered in the civil act record of the adoptee's birth, except in the case of re-registration of birth provided for by paragraph 3 of this Article.

3. In the event of a change of data on the adoptee, the birth of the adoptee shall be re-registered, unless otherwise provided by a court judgment.

4. The personal number of an adoptee under 18 shall be changed on the basis of a court judgment. In this case, the birth of the adoptee shall be re-registered.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Law of Georgia of 4 May 2017 No. 749 - website, 24.05.2017.

Article 43. Registration of adoption in the absence of a civil act record of birth🔗

1. If, before the registration of the adoption, it is revealed that the database of civil acts does not contain the civil act record of the birth of the adoptee and in respect of him/her it is impossible to establish a fact of legal significance of birth or the re-registration provided for by Article 85 of this Law, the registration of the adoption shall be carried out after the registration of the birth of the adoptee.

2. In the case of adoption of an adoptee whose birth is not registered in Georgia and in respect of whom it is impossible to establish a fact of legal significance of birth or the re-registration provided for by Article 85 of this Law, the adoption and the re-registration of birth shall be carried out with the new (changed) data determined by the court judgment.

3. In the case provided for by paragraph 1 of this Article, the interested person shall apply to the Agency for the establishment of a fact of legal significance of birth or for the re-registration provided for by Article 85 of this Law. During the proceedings determined by this paragraph, the time limit provided for by paragraph 2 of Article 44 of this Law shall be suspended.

Law of Georgia of 4 May 2017 No. 749 - website, 24.05.2017.

Article 44. Court judgments on adoption and on declaring an adoption invalid/cancellation of an adoption🔗

1. The court shall send its judgment on adoption to the civil acts registration body according to the place of delivery of the judgment, and the judgment on declaring an adoption invalid/cancellation of an adoption − to the civil acts registration body according to the place of registration of the adoption. The court judgment shall be sent to the civil acts registration body within 5 working days from the day of its entry into legal force.

2. The civil acts registration body, within 30 days from the delivery of the court judgment on adoption:

a) carries out the registration of the adoption;

b) on the basis of the court judgment, carries out the relevant change (changes) in the civil act record of the birth of the adoptee;

c) on the basis of the court judgment, in the cases provided for by Articles 42 and 43 of this Law, carries out the re-registration of the birth of the adoptee.

Law of Georgia of 4 May 2017 No. 749 - website, 24.05.2017.

Article 45. Registration of adoption on the basis of a court judgment of another state🔗

Registration of adoption on the basis of a court judgment of another state shall be carried out after the recognition of this judgment by the Supreme Court of Georgia, unless otherwise provided by an international treaty or agreement of Georgia.

Article 46. Declaration of invalidity of the civil act record of adoption🔗

1. From the day of entry into legal force of the court judgment on declaring the adoption invalid/cancelling the adoption, the corresponding civil act record of the adoption shall also be considered invalid.

2. Declaring the adoption invalid/cancelling the adoption entails the invalidity of the change(s) made in the civil act record of the birth of the adopted person and the restoration of the data determined by the court judgment. If the court judgment does not determine the issue of retention/restoration of data for the adopted person, the existing data shall be retained for him/her, except for data on the parents.

3. If, in order to ensure the protection of the secrecy of adoption, a new civil act record of birth has been drawn up in respect of the adopted person, in the event of declaring the adoption invalid/cancelling the adoption, the new civil act record of the birth of the adopted person shall remain in force, unless otherwise determined by the court judgment. If by the court judgment the new civil act record of birth was declared invalid, the civil act record of birth determined by the court judgment shall be considered valid. If by the court judgment the new civil act record of birth was declared invalid and it was not determined which civil act record of birth should be considered valid, the record of the said act in which the data indicated were restored by the court shall be considered valid.

4. In the event of declaring the civil act record of adoption invalid, on the basis of the court judgment, the adopted person shall retain the data changed in connection with the adoption, except for data on the parents.

Law of Georgia of 4 May 2017 No. 749 – website, 24.05.2017.

Article 47. Protection of the secrecy of adoption🔗

1. The issuance of adoption registration data without the consent of the biological parent, the adopter and the adult adopted person shall be inadmissible, except in cases directly provided for by law.

2. The adopter shall be entitled to receive information on the adoption registration without restrictions.

3. The adopted person shall be entitled to receive information on the adoption registration without restrictions, if as a result of the adoption the data of his/her parents have not been changed. The procedure and conditions for issuing an adoption certificate to the adopted person shall be determined by order of the Minister of Justice of Georgia.

4. Adoption registration data may be issued upon the request of the guardianship and curatorship authority, on the basis of a resolution of the investigative authority or a court judgment.

Article 48. Origin of marriage🔗

For the origin of marriage, its registration by the civil acts registration authority shall be mandatory.

Article 49. Place of marriage registration🔗

1. Marriage registration shall be carried out at the place chosen by the persons wishing to marry.

2. Registration of marriage of a person placed in a penitentiary institution shall be carried out at a specially designated place in that institution.

Law of Georgia of 1 May 2015 No. 3559 - website, 18.05.2015.

Article 50. Conditions for marriage registration🔗

Marriage age and consent of the persons wishing to marry shall be required for marriage registration.

Article 51. Marriage age🔗

1. Marriage shall be permitted from the age of 18.

2. (Removed - 16.12.2015, No. 4650).

3. Marriage of adult persons with limited legal capacity shall be permitted with the prior written consent of the curator, and in the case of refusal of consent or impossibility of obtaining consent – on the basis of a court judgment.

Law of Georgia of 16 December 2015 No. 4650 - website, 28.12.2015.

Article 52. Marriage registration🔗

1. For marriage registration, an application of the persons wishing to marry shall be submitted to the civil acts registration body.

2. Persons wishing to marry shall submit an application to the civil acts registration body in person or through a representative. Representative authority shall be confirmed in the manner established by the legislation of Georgia.

3. Persons wishing to marry shall confirm in the application that there are no circumstances preventing marriage provided for by Article 54 of this Law and that they know each other's health and family status, know which number this marriage is for each of them, and shall also indicate whether they have children.

4. Marriage registration shall be carried out in the presence of the persons wishing to marry and at least two adult, capable witnesses. Registration of marriage through a representative of a person wishing to marry shall not be permitted.

5. At the request of the persons wishing to marry, marriage registration may be conducted in a solemn setting.

6. The procedure for marriage registration shall be determined by an order of the Minister of Justice of Georgia.

Article 53. Change of surname by a person wishing to marry🔗

1. Upon registration of marriage, the spouses have the right to choose the surname of one of them as their common surname, and also both or one of them may choose the surname resulting from the union of his/her own surname and the spouse's surname.

2. Upon registration of marriage, the union of the spouses' surnames shall not be permitted if the pre-marital surname of one of them is two-member (double surname).

2¹. Upon registration of marriage, change of a person's surname shall also not be permitted if criminal prosecution is pending against him/her, including if this person is wanted by the law enforcement bodies of Georgia or another state or by the International Criminal Police Organization (Interpol). In this case, only the registration of marriage shall be carried out without change of surname.

3. If a person in marriage remarried without termination of the marriage and changed surname, until the second marriage is declared invalid, the surname indicated in the record of the last registered marriage act shall be considered his/her true surname.

Law of Georgia of 18 April 2018 No. 2149 – website, 01.05.2018.

Article 54. Circumstances preventing marriage🔗

1. Marriage shall not be permitted:

a) between persons of whom at least one is married to another;

b) between relatives of direct ascending or descending line;

c) between biological and non-biological siblings;

d) between adopter and adopted person;

e) between persons of whom at least one is a recipient of support and who have not concluded the marriage contract provided for by paragraph 2 of Article 1172 of the Civil Code of Georgia;

f) between representatives of the same biological sex.

2. Subparagraphs "b"–"d" of paragraph 1 of this Article shall apply also in the case of dissolution of kinship relations as a result of adoption.

3. For the purposes of subparagraph "f" of paragraph 1 of this Article, biological sex is the sex identified according to inherited genetic characteristics. At the same time, for the purposes of the said subparagraph, a person shall be considered a representative of the biological sex that was initially indicated in the relevant civil act record registered in respect of him/her in Georgia, and in the absence of such a record of a civil act — a representative of the biological sex indicated in the relevant document establishing his/her identity submitted to the civil acts registration body.

Law of Georgia of 20 March 2015 No. 3347 - website, 31.03.2015.

Law of Georgia of 17 September 2024 No. 4442 – website, 03.10.2024.

Article 54¹. Inadmissibility of registration and recognition as marriage of a union between persons of the same biological sex; inadmissibility of registration and recognition of an alternative union to marriage🔗

1. Registration of a union between persons of the same biological sex as a marriage and/or recognition thereof as a marriage by a legal act shall be inadmissible. A union between persons of the same biological sex that is registered and/or recognised abroad as a marriage shall have no legal force in Georgia.

2. Registration and/or recognition by a legal act of an alternative union to marriage shall be inadmissible. Such a union registered and/or recognised abroad shall have no legal force in Georgia.

3. For the purposes of this Article, biological sex is the sex identified on the basis of hereditary genetic characteristics; a woman is a person of the female sex identified on the basis of hereditary genetic characteristics, and a man is a person of the male sex identified on the basis of hereditary genetic characteristics. At the same time, for the purposes of this Article, a person shall be considered a representative of the biological sex that was initially indicated in respect of that person in the record of the relevant civil act registered in Georgia, and, in the absence of such a record of the civil act, a representative of the biological sex indicated in the relevant document establishing that person's identity submitted to the civil acts registration authority.

Law of Georgia of 17 September 2024 No. 4442 – website, 3 October 2024.

Article 55. Registration of Divorce🔗

1. For a divorce, its registration by the civil acts registration authority shall be mandatory.

2. For the registration of a divorce, an application of an authorised person shall be submitted to the civil acts registration authority. Registration of a divorce may also be carried out on the basis of a court judgment on divorce submitted in accordance with Article 58 of this Law.

3. The civil acts registration authority shall register a divorce if one of the spouses is a citizen of Georgia or a person holding a residence permit in Georgia, and also if the marriage is registered by an authorised authority of Georgia.

4. The procedure for registration of divorce shall be determined by an Order of the Minister of Justice of Georgia.

Article 56. The right to apply to the civil acts registration body with a request for divorce registration🔗

1. The right to apply to the civil acts registration body with a request for divorce registration shall be held by:

a) spouses wishing to divorce, jointly;

b) one of the spouses, if:

b.a) there is a court judgment on divorce;

b.b) the other spouse has been recognized by the court as missing without trace;

b.c) (removed - 20.03.2015, No. 3347);

b.d) the other spouse has been convicted of a crime and sentenced to imprisonment for a term of not less than 3 years.

2. In the cases provided for by the legislation of Georgia, a representative of the spouse (spouses) wishing to divorce may apply to the civil acts registration body with a request for divorce registration. The representative authority shall be confirmed in the manner established by the legislation of Georgia.

Law of Georgia of 20 March 2015 No. 3347 - website, 31.03.2015.

Article 57. Procedure for divorce from a convicted spouse🔗

1. Registration of divorce from a convicted spouse shall be carried out if there is no dispute between the spouses over the division of their common joint property, the recovery of alimony in favour of a spouse unable to work, or in relation to their common children.

2. In order to verify the absence of grounds for refusing registration of divorce from a convicted spouse, the civil acts registration body shall notify the convicted spouse of the submission of the application for divorce and shall set a reasonable time limit for submitting a written response.

3. The time limit for submitting a response shall not exceed 1 month from the day of sending the notification, if the convicted spouse is serving the sentence in Georgia. If the convicted spouse is in a penitentiary institution of another state, the said time limit shall not exceed 6 months from the day of sending the notification.

4. If the convicted spouse declares the absence of the dispute provided for by paragraph 1 of this Article between the spouses, or fails to submit a written response within the set time limit, the civil acts registration body shall carry out the registration of the divorce.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Law of Georgia of 20 March 2015 No. 3347 - website, 31.03.2015.

Article 58. Court judgment on divorce🔗

1. The court shall send its judgment on the divorce of the spouses to the civil acts registration body according to the place where the judgment was delivered, within 5 working days from its entry into legal force.

2. On the basis of a court judgment on divorce, the civil acts registration body shall carry out the registration of the divorce, regardless of the date of entry into legal force of that judgment.

3. The civil acts registration body shall be entitled not to carry out the registration of the divorce if the court judgment on divorce does not establish the personal number of each spouse (if any), the name, surname, date of birth, date of marriage registration or the name of the registering body.

4. The procedure for the registration of divorce on the basis of a court judgment shall be determined by an Order of the Minister of Justice of Georgia, unless otherwise provided by this Law.

Law of Georgia of 27 June 2018 No. 2636 – website, 06.07.2018.

Article 59. Retention of the surname by a spouse in the event of divorce and restoration of the pre-marital surname🔗

1. A spouse who changed their surname as a result of marriage shall be entitled, upon registration of the divorce, to decide to retain the surname changed as a result of marriage also after the divorce. At the same time, they may request the restoration of their pre-marital surname upon registration of the divorce or later.

2. Upon registration of a divorce, a change of a person's surname shall not be permitted if criminal prosecution is pending against that person, including if that person is wanted by the law enforcement bodies of Georgia or another state or by the International Criminal Police Organization (Interpol). In this case, only the registration of the divorce shall be carried out without a change of surname. The said restriction shall not apply to the case where the registration of the divorce is carried out on the basis of a court judgment and the change of surname by the spouse/spouses upon divorce is indicated in the court judgment.

Law of Georgia of 18 April 2018 No. 2149 – website, 01.05.2018.

Article 60. Time limit for the registration of divorce🔗

1. In the cases provided for by subparagraphs „a“–„b.b“ of paragraph 1 of Article 56 of this Law, the registration of the divorce shall be carried out upon the expiry of 5 working days from the submission of the application, if within this period the spouse submitting the application does not declare refusal of the divorce, and in the case of the submission of a joint application – at least one of the spouses does not declare such refusal.

2. The registration of a divorce from a spouse sentenced to imprisonment for a term of not less than 3 years shall be carried out within 2 working days from the receipt of the response provided for by Article 57 of this Law, and in the case of failure to submit the response within the period determined by the civil acts registration body − within 2 working days from the expiry of that period.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Law of Georgia of 20 March 2015 No. 3347 – website, 31.03.2015.

Article 61. Moment of Termination of Marriage🔗

In the case of divorce, the marriage shall be considered terminated from the moment of registration of the divorce.

Article 62. Right to Change Given Name and/or Surname🔗

1. A citizen of Georgia, as well as a stateless person having status in Georgia whose birth is registered in Georgia (except for birth registration carried out in accordance with Article 85 of this Law), shall have the right to change their given name and/or surname.

2. For the change of a given name and/or surname, registration of the change of the given name and/or surname by the civil acts registration body shall be mandatory.

3. The basis for registration of the change of a given name and/or surname shall be an application of an authorised person and the existence of the circumstances provided for by this Chapter.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Article 63. Change of Given Name and/or Surname of a Person Lacking Legal Capacity or with Limited Legal Capacity🔗

1. The change of the given name and/or surname of a minor from 16 to 18 years of age shall be permissible at the request of that person and with the consent of their parent (parents) or another legal representative.

2. The change of the given name and/or surname of a minor under 16 years of age shall be carried out by agreement of their parents. In the event of disagreement of the parents, the issue of changing the given name and/or surname of the minor shall be decided by the court, taking into account their interests.

3. When a mother not in a marriage changes her surname in accordance with the procedure established by this Chapter, as well as when the parent whose surname is borne by their minor child and who have different surnames changes their surname, the surname of a minor under 10 years of age shall be changed together with the change of the parent's surname.

4. If a minor has reached 10 years of age, the change of their given name and/or surname shall be possible only with their consent.

5. The change of the given name and/or surname of a supported person shall be permissible at their request and with the assistance of the supporter, unless otherwise determined by a court judgment.

6. The change of the given name and/or surname of an adult with limited legal capacity shall be permissible at the request of that person and with the consent of their curator.

Law of Georgia of 20 March 2015 No. 3347 – website, 31.03.2015.

Article 64. Conditions for changing name and surname🔗

1. An adult person has the right, at their own will, to change their name only once, unless otherwise provided by law.

2. A person may change their surname and take:

a) the combined surname of the parents;

b) the surname of one of the relatives in the direct ascending line (including relatives of the fourth generation (the grandmother/grandfather's grandmother and grandfather));

c) the surname resulting from the combination of their own surname and the surname of one of the relatives in the direct ascending line provided for by subparagraph „b“ of this paragraph;

d) the surname of the actual upbringer;

e) the surname of the adopter;

f) the pre-marital surname, if upon termination of the marriage they have not returned to that surname;

g) the father's surname, when paternity is established in accordance with the procedure established by Chapter III of this Law;

h) the historical surname, in accordance with the procedure established by Article 65 of this Law;

i) the surname conferred on them by an authorised body of another state.

3. Where the condition provided for by subparagraph „i“ of paragraph 2 of this Article exists, a change of surname shall be possible for a person if their civil act of birth is registered in Georgia and after the conferral of another surname on this person by an authorised body of another state they acquired Georgian citizenship.

4. An adult person has the right to change their surname on any of the grounds provided for by subparagraphs „a“–„d“ and „h“ of paragraph 2 of this Article only once, unless otherwise provided by this Law.

5. If the ground for the restriction of the change of surname provided for by paragraph 3 of Article 35, paragraph 2¹ of Article 53 or paragraph 2 of Article 59 of this Law has been eliminated, the person has the right to request a change of surname in accordance with the general rule established by this Law.

Law of Georgia of 29 May 2014 No. 2482 – website, 29.05.2014.

Judgment of the Constitutional Court of Georgia of 4 August 2016 No. 2/4/570 – website, 11.08.2016.

Law of Georgia of 14 December 2017 No. 1725 – website, 25.12.2017.

Law of Georgia of 18 April 2018 No. 2149 – website, 01.05.2018.

Article 65. Restoration of historical surname🔗

1. A person may request the restoration of their historical surname if a body of evidence confirms that their surname originated as a result of the transformation of another surname or the adoption of another surname by a representative of their historical surname.

2. Along with other evidence, the restoration of a historical surname may also be based on a reasoned scientific hypothesis confirming the existence of the circumstances indicated in paragraph 1 of this Article.

3. The procedure for the restoration of a historical surname shall be determined by an Order of the Minister of Justice of Georgia.

Article 66. Legal recognition of a surname🔗

1. The surname indicated in a person's identity document or other documents, which does not correspond to the surname indicated in the civil act record of his/her birth, may be recognized as legal if returning to the surname indicated in the civil act record of birth (obtaining an identity document or other documents) is associated with disproportionate expenses and efforts.

2. Legal recognition of a surname shall be permissible if, for not less than 5 years before the entry into force of this Law, the person held an identity document or any other official document bearing a surname that does not correspond to the surname indicated in the civil act record of his/her birth.

Law of Georgia of 25 May 2012 No. 6301 – website, 12 June 2012.

Article 67. Determination of a surname🔗

1. A person whose civil act record of birth does not indicate a surname may, at his/her wish, be assigned the surname of a relative in the direct ascending line, or another surname which he/she used for not less than 5 years before the entry into force of this Law, which must be confirmed by documents drawn up in his/her name and other evidence.

2. In the event of impossibility of determining a surname on the basis of paragraph 1 of this Article, the person may be assigned a surname derived from his/her own name or the name of a relative in the direct ascending line, with an ending desired by him/her or without an ending.

Article 67¹. Submission and consideration of an application by a person who has reached 16 years of age regarding the change of name and/or surname/establishment of surname/legal recognition of surname🔗

1. A person who has reached 16 years of age shall be obliged, on the grounds provided for by this Chapter, to apply in person to the relevant territorial service of the Agency or to a diplomatic representation or consular office of Georgia abroad, requesting the change of name and/or surname/establishment of surname/legal recognition of surname.

2. The issue of the change of name and/or surname/establishment of surname/legal recognition of surname shall be considered and decided by the relevant territorial service of the Agency. The relevant territorial service of the Agency shall consider the issue of the change of surname/establishment of surname/legal recognition of surname in accordance with the procedure established by Chapter VIII of the General Administrative Code of Georgia for formal administrative proceedings, taking into account the specificities defined by this Law.

3. If the relevant territorial service of the Agency has only 1 employee, during an oral hearing in administrative proceedings related to the change of surname/establishment of surname/legal recognition of surname, the powers of the secretary of the hearing may be exercised by the chairperson of the hearing.

4. The interested person may be notified of the holding of an oral hearing by sending a written notification to the residential address, by telephone conversation, or by sending a short text message or by sending a notification by electronic mail (if available). The interested person shall be notified of the date of the oral hearing no later than 10 days before the holding of the oral hearing.

5. During the oral hearing, the interested person shall be obliged, on the basis of the documentation submitted by him/her, to substantiate the existence of the circumstances provided for by this Chapter for the change of surname/establishment of surname/legal recognition of surname.

6. An application regarding the change of surname/establishment of surname/legal recognition of surname shall be left unconsidered if, despite receipt of the notification, the interested person fails to appear at the relevant territorial service of the Agency to participate in the oral hearing.

7. The obligations of personal application and personal appearance provided for by paragraphs 1 and 6 of this Article shall not apply to a person if he/she is unable to move due to severe illness or physical condition, which is confirmed by a relevant certificate/document. In this case, an application regarding the change of name and/or surname/establishment of surname/legal recognition of surname may be submitted to the authorized person of the Agency by means of electronic communication or through a representative. The representative authority shall be confirmed in accordance with the procedure established by the legislation of Georgia. In the case provided for by this paragraph, no oral hearing shall be held and the relevant territorial service of the Agency shall adopt an appropriate decision in accordance with the general rule established by the legislation of Georgia.

Law of Georgia of 18 April 2018 No. 2149 – website, 01.05.2018.

Article 68. Refusal to register a change of name and/or surname🔗

1. A change of name shall not be permitted if the applicant chooses as a name digits, punctuation marks, geometric figures, graphic images, symbols, obscene or insulting words, or a multi-member name (consisting of more than two names).

2. The union of surnames shall not be permitted if even one of the surnames is two-member (double surname).

3. A change of a person's name and/or surname/establishment of a surname/legal recognition of a surname shall not be permitted if that person is suspected of committing a crime and is wanted by the law enforcement bodies of Georgia. On the ground provided for by this Chapter, a change of a person's name and/or surname/establishment of a surname/legal recognition of a surname shall not be permitted if:

a) the application of a person who has reached 16 years of age on the change of name and/or surname/establishment of a surname/legal recognition of a surname has not been submitted directly by the interested person to the relevant territorial service of the Agency or to a diplomatic representation of Georgia abroad or to a consular institution, except for the case provided for by paragraph 7 of Article 67¹ of this Law;

b) the interested person has been deported or readmitted to Georgia and 5 years have not elapsed since the deportation/readmission;

c) criminal prosecution is pending against the interested person, including if that person is wanted by the law enforcement bodies of Georgia or of another state or by the International Criminal Police Organization (Interpol), until this circumstance is eliminated.

Law of Georgia No. 6301 of 25 May 2012 – website, 12.06.2012

Law of Georgia No. 1725 of 14 December 2017 – website, 25.12.2017

Law of Georgia No. 2149 of 18 April 2018 – website, 01.05.2018

Article 69. Time limit for consideration of an application🔗

1. The adoption of a decision on the change of a person's name and/or surname/establishment of a surname/legal recognition of a surname and the registration of the corresponding civil act shall be carried out on the 60th calendar day from the submission of the relevant application.

2. When requesting a change of a person's name and/or surname/establishment of a surname/legal recognition of a surname on the ground provided for by this Chapter, the provision of expedited service shall not be permitted.

Law of Georgia No. 2149 of 18 April 2018 – website, 01.05.2018

Article 70. Conditions for registration of death🔗

1. Registration of the death of a citizen of Georgia, of a stateless person having status in Georgia, and of any person who died in Georgia, in accordance with the procedure established by this Law, shall be mandatory.

2. Registration of the death of a person holding a permanent residence permit in Georgia who died in another state shall be carried out only at the wish of the interested person.

Law of Georgia No. 6301 of 25 May 2012 – website, 12.06.2012

Article 71. Application for registration of a person's death🔗

1. The obligation to apply to the civil acts registration body for registration of a person's death shall be imposed on:

a) the head of a medical institution, of an institution carrying out pathoanatomical activity (clinical pathology) or forensic medical examination, or a person authorized by him/her – within 5 working days from the death of the person, if the person died in the said institution or the fact of death was established/confirmed by this institution;

b) a person who is authorized to issue a medical certificate of death, but is not in an employment relationship with any medical institution, institution carrying out pathoanatomical activity (clinical pathology) or forensic medical examination – within 5 working days from the death of the person, if the medical certificate of death was issued or the fact of death was established by the said person;

c) a person authorized by the mayor of a municipality – within 5 working days from becoming aware of the death of the person;

d) the Ministry of Internal Affairs of Georgia − in relation to a servicemember killed as a result of combat operations – within 30 calendar days from becoming aware of the death of the person;

d¹) a state sub-agency institution within the governance sphere of the Ministry of Internal Affairs of Georgia − the Emergency Management Service (hereinafter − the Emergency Management Service) – in relation to a servicemember killed as a result of a natural disaster − within 30 calendar days from becoming aware of the death of the person;

e) the Ministry of Defence of Georgia − during a state of war, during participation in the maintenance and restoration of international peace and security, other types of peacekeeping operations, in relation to a servicemember killed − within 30 calendar days from becoming aware of the death of the person;

f) a parent (adopter), spouse or child (adoptee), if he/she can assume that the fact of the person's death is unknown to the persons provided for by this paragraph;

g) the State Security Service of Georgia – in relation to a servicemember killed as a result of combat operations or a natural disaster – within 30 calendar days from becoming aware of the death of the person.

2. Any adult, capable person or administrative body may apply to the civil acts registration body with an application for registration of a person's death.

3. For the registration of the death of a person who died in another state, a consular institution may also be applied to by the authorized body of the state of location.

4. The documents to be submitted by the persons having the obligation to apply to the civil acts registration body for registration of a person's death shall be determined by order of the Minister of Justice of Georgia.

Law of Georgia of 8 July 2015 No. 3946 - website, 15.07.2015.

Law of Georgia of 27 May 2016 No. 5101 - website, 04.06.2016.

Law of Georgia of 26 July 2017 No. 1263 – website, 29.07.2017.

Law of Georgia of 27 June 2018 No. 2617 – website, 06.07.2018.

Law of Georgia of 22 December 2018 No. 4093 – website, 28.12.2018.

Article 72. Documents confirming death🔗

1. For the purposes of registering a death, the documents confirming the death of a person are:

a) a medical certificate of death;

b) a decision of an authorised body on establishing the fact of the death of a person having legal significance;

c) a court judgment declaring a person dead;

d) a record drawn up by a person authorised by the mayor of a municipality concerning the death of a person;

e) a certificate issued by an authorised body concerning the death of a person repressed by a decision of a court or administrative body of the Georgian Soviet Socialist Republic (Ministry of Internal Affairs, Ministry of Defence or State Security Service of Georgia);

f) a notification of the Ministry of Defence of Georgia, the Ministry of Internal Affairs of Georgia, the State Security Service of Georgia or the Emergency Management Service concerning the death of a servicemember in a peacekeeping operation, in military or combat operations, or as a result of a natural disaster;

g) a document confirming death issued by an authorised body of another state on the basis of the legislation of the same state.

2. Registration of the death of a person who died as a result of a natural disaster or catastrophe may also be carried out on the basis of the relevant legal act of the Minister of Justice of Georgia.

3. The particulars of the record to be drawn up by a person authorised by the mayor of a municipality, and the procedure for drawing it up and submitting it to the civil acts registration body shall be determined by an order of the Minister of Justice of Georgia. A record concerning the death of a person is not an administrative-legal act.

4. If a person authorised by the mayor of a municipality does not have sufficient and reliable information on the fact of the death of a person and it is impossible to draw up a record in the form approved by an order of the Minister of Justice of Georgia, he/she shall notify the civil acts registration body about the fact of the death of the person without drawing up a record.

5. By an order of the Minister of Justice of Georgia, other documents confirming the death of a person may also be determined for the purposes of registering a death.

Law of Georgia of 6 September 2013 No. 1023 – website, 23.09.2013.

Law of Georgia of 8 July 2015 No. 3946 – website, 15.07.2015.

Law of Georgia of 27 May 2016 No. 5101 – website, 04.06.2016.

Law of Georgia of 26 July 2017 No. 1263 – website, 29.07.2017.

Law of Georgia of 27 June 2018 No. 2617 – website, 06.07.2018.

Law of Georgia of 22 December 2018 No. 4093 – website, 28.12.2018.

Article 73. Submission of a medical certificate on death🔗

1. The head of a medical institution, of an institution carrying out pathoanatomical activity (clinical pathology) or forensic medical examination, or a person authorized by him/her, as well as a person who is authorized to issue a medical certificate on death but is not in an employment relationship with any of the above-mentioned institutions, shall submit the medical certificate on death to the Agency in electronic form. In the case provided for by the joint order of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia and the Minister of Justice of Georgia, the medical certificate on death may be submitted in material form.

2. The requisites of the medical certificate on death and the rules for its drawing up and sending shall be determined by the joint order of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia and the Minister of Justice of Georgia.

3. The institution/person sending the medical certificate on death to the Agency shall be responsible for the correctness and completeness of the sent medical certificate, except for cases where its complete filling is impossible due to the impossibility of obtaining the appropriate information.

Law of Georgia of 5 July 2018 No. 3075 – website, 11.07.2018.

Article 74. Registration of the death of an unknown person🔗

If a medical institution, an institution carrying out pathoanatomical activity (clinical pathology) or forensic medical examination, or another authorized body is unable to identify the deceased person, his/her death shall be registered as the registration of the death of an unknown person.

Article 75. Court judgment on declaring a person deceased🔗

1. The court shall send its judgment on declaring a person deceased to the civil acts registration body according to the place of delivery of the judgment within 5 working days from its entry into legal force.

2. On the basis of the judgment submitted by the court on declaring a person deceased, the civil acts registration body shall carry out the registration of death.

3. When registering the death of a person declared deceased by the court, the date of his/her death shall be considered the day of entry into legal force of the court judgment, unless otherwise established by this judgment.

4. The civil acts registration body shall be entitled not to carry out the registration of death if the court judgment on declaring a person deceased does not establish the personal number (if any), name, surname, date or place of birth of the person declared deceased.

Article 76. Introduction of an amendment, correction and/or addition to a civil act record🔗

1. The basis for introducing an amendment, correction and/or addition to a civil act record is an application of an authorised person and the existence of the relevant circumstance provided for by Articles 78–80 of this Law.

2. The civil acts registration body is entitled, in the event of detection of a circumstance provided for by Articles 78–80 of this Law, to introduce, on its own initiative, the relevant amendment, correction and/or addition to the civil act record.

Article 77. Persons having the authority to submit an application on the introduction of an amendment, correction and/or addition to a civil act record🔗

1. A person in respect of whom the relevant civil act record has been drawn up has the right to apply to the civil acts registration body with an application on the introduction of an amendment, correction and/or addition to the civil act record.

2. The right to submit an application on the introduction of an amendment, correction and/or addition to a civil act record is also held by the parent/adoptive parent of the person provided for by paragraph 1 of this Article – in the part of their own data in the civil act record registered in respect of the child/adopted children.

3. Introduction of an amendment, correction and/or addition to a civil act record registered in respect of a minor under 18 may be made on the basis of an application of their parent, adoptive parent, guardian or curator.

4. Introduction of an amendment, correction and/or addition to a civil act record registered in respect of a person with limited legal capacity by a court judgment may be made by an application of that person and with the consent of their curator.

5. Introduction of an amendment, correction and/or addition to the civil act record of a deceased person may be made on the basis of an application of any interested person.

Law of Georgia of 20 March 2015 No. 3347 – website, 31.03.2015.

Article 78. Amendment of a civil act record🔗

The ground for amending a civil act record shall be the existence of one of the following circumstances:

a) registration of adoption – if, on the basis of a court judgment on adoption, the data indicated in the birth civil act record of the adopted person must be changed;

b) registration of establishment of paternity;

c) registration of a parent's marriage − in the case of a change of surname by a parent upon registration of marriage;

d) registration of a parent's divorce − in the case of a change of surname by a parent upon registration of divorce;

e) registration of a change of name and/or surname;

f) establishment of surname;

f¹) legal recognition of surname;

g) (removed - 17.09.2024, No. 4442);

h) court judgment on amendment of a civil act record;

i) establishment of the identity of a deceased person – if the civil acts registration body registered his/her death as the registration of the death of an unidentified person;

j) change of a person's citizenship status – if the person was granted or deprived of Georgian citizenship, or if the person lost Georgian citizenship;

k) request of an authorised person to indicate the actual place of birth in the birth civil act record − if, in the birth civil act record, the place of birth registration is defined as the place of birth in accordance with Georgian legislation.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Law of Georgia of 4 May 2017 No. 749 - website, 24.05.2017.

Law of Georgia of 27 June 2018 No. 2636 – website, 06.07.2018.

Law of Georgia of 17 September 2024 No. 4442 – website, 03.10.2024.

Article 79. Correction of a civil act record🔗

The ground for making a correction in a civil act record shall be the existence of one of the following circumstances:

a) discovery of an error made during the registration of a civil act record;

b) court judgment on establishment of the inaccuracy of data indicated in a civil act record;

c) decision of an authorised body on establishment of a fact of legal significance.

Article 80. Addition to a civil act record🔗

If a fact of omission or incomplete indication of data during the registration of a civil act is revealed, the civil acts registration body shall be entitled to make an addition to the record of this act.

Article 81. Consideration of an application for amendment, correction and/or addition to a civil act record🔗

The civil acts registration body must complete the consideration of an application for amendment, correction and/or addition to a civil act record no later than 15 calendar days from the submission of the application, and in the case of making an amendment, correction and/or addition on its own initiative – within 1 month from the commencement of administrative proceedings, unless otherwise provided by Georgian legislation.

Article 82. Making amendments, corrections and/or additions to the record of a civil act registered by an authorised body of another state🔗

The civil acts registration body shall not make amendments, corrections and/or additions to the record of a civil act registered by an authorised body of another state.

Article 83. Re-registration of a civil act🔗

1. The civil acts registration body shall carry out the re-registration of a civil act if:

a) the record of the civil act is lost or destroyed and there is a decision of an authorised body on the establishment of a fact having legal significance for the registration of the civil act;

b) a civil act has been registered by an authorised body of another state in respect of a citizen of Georgia or a person holding a permanent residence permit in Georgia, the registration of which has not been carried out in Georgia.

2. Re-registration of the civil acts of birth and establishment of paternity registered by an authorised body of another state may also be carried out in respect of a minor child of a citizen of Georgia.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Article 84. Re-registration of a civil act on the basis of a judgment on the establishment of a fact of legal significance🔗

1. In the event of loss or destruction of a civil act record (except for birth and death civil act records), the re-registration of the civil act shall be carried out on the basis of a court judgment on the establishment of the corresponding fact of legal significance.

2. Re-registration of birth or death shall be carried out on the basis of a decision of the authorized body on the establishment of the fact of legal significance of the registration of birth or death.

3. If the decision provided for by this Article does not contain the data necessary for the registration of the corresponding civil act, the civil acts registration body shall be entitled not to carry out the re-registration of the civil act.

4. The civil acts registration body shall be entitled not to carry out the re-registration of the civil act if:

a) the decision on the establishment of the fact of legal significance of the registration of paternity does not establish:

a.a) the personal numbers of the child and the father (if any);

a.b) the father's name, surname and date of birth;

a.c) the child's name, surname (before the registration of the establishment of paternity and after the registration of the establishment of paternity) and date of birth;

a.d) the date of registration of the establishment of paternity;

b) the decision on the establishment of the fact of legal significance of the registration of adoption does not establish:

b.a) the personal numbers of the adopter and the adopted child (if any);

b.b) the adopter's name, surname and date of birth;

b.c) the adopted child's name, surname, date and place of birth (before adoption and after adoption);

b.d) the adopted child's parents (before adoption and after adoption);

b.e) the date of registration of adoption;

c) the decision on the establishment of the fact of legal significance of the registration of marriage or divorce does not establish the spouse's (spouses'):

c.a) personal number (if any);

c.b) name and/or surname (before marriage (divorce) and after marriage (divorce));

c.c) date of birth;

c.d) date of registration of marriage (divorce);

d) the decision on the establishment of the fact of legal significance of the registration of change of name and/or surname does not establish the person's:

d.a) personal number (if any);

d.b) name and/or surname – before the change of name and/or surname and after the change;

d.c) date of birth;

d.d) date of registration of the change of name and/or surname;

d.e) name of the body for registration of the change of name and/or surname.

Article 85. Re-registration of a civil act registered by an authorised body of another state🔗

1. Re-registration of a civil act registered by an authorised body of another state in respect of a citizen of Georgia or a person holding a permanent residence permit in Georgia may be carried out at the request of the person in respect of whom that act is registered in another state, and if the said person is deceased – at the request of any person.

2. Re-registration of a civil act registered by an authorised body of another state shall be carried out on the basis of a certified copy of the civil act record, an extract from that record or a certificate of registration of the civil act.

3. By order of the Minister of Justice of Georgia, additional grounds for re-registration of a civil act registered by an authorised body of another state may be determined.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Article 86. Body authorised to declare a civil act record invalid🔗

1. A civil act record (except birth and death civil act records) shall be declared invalid by a court.

2. Birth and death civil act records may be declared invalid by a decision of the civil acts registration body, in accordance with the procedure established by the General Administrative Code of Georgia.

Article 87. Declaration of birth and death civil act records as invalid🔗

1. Birth and death civil act records shall be declared invalid by the civil acts registration body that carried out the registration of the respective civil act.

2. The civil acts registration body shall declare a civil act record invalid upon the application of an interested person or on its own initiative.

3. If the body that carried out the registration of the civil act no longer exists, the issue of declaring the civil act record invalid shall be decided by the civil acts registration body in whose area of activity the civil act was registered.

4. If the body that carried out the registration of the civil act no longer exists and the area of activity of that body is not included in the area of activity of any other civil acts registration body, the issue of declaring the civil act record invalid shall be decided by any civil acts registration body.

Article 88. Special conditions for declaring a civil act record invalid🔗

1. Due to the multiple registration of civil acts of birth and death in respect of one and the same person, including as a result of the restoration of civil act records of birth and death before this Law entered into force, where several records of the corresponding civil act exist, the civil acts registration body is entitled to declare one of the records of the civil act invalid upon the application of an interested person or on its own initiative.

2. In the case provided for by paragraph 1 of this Article, if the basis for the registration of the civil act is a court judgment, declaring invalid the civil act record registered on this basis shall be permissible only with the consent of the interested person.

3. In the absence of the consent of the interested person, the Agency applies to the court requesting that the court judgment and the civil act record be declared invalid.

4. Where a civil act record registered by the civil acts registration body on the basis of a court judgment is declared invalid, re-registration of the civil act on the basis of the said court judgment shall be inadmissible.

Article 89. Procedure for submitting and considering an application for declaring a civil act record invalid🔗

1. The civil acts registration body shall consider an application for declaring a civil act record invalid in accordance with the procedure established by Chapter VI of the General Administrative Code of Georgia.

2. If, in order to establish circumstances essential to the case, it is necessary to receive explanations from the parties or to question a witness or an expert, the civil acts registration body is entitled to hold an oral hearing in accordance with the procedure established by Articles 108–112 of the General Administrative Code of Georgia, taking into account the specificities defined by this Law.

3. If the civil acts registration body consists of only one employee, during an oral hearing in administrative proceedings related to declaring a civil act record invalid, the powers of the secretary of the session may be exercised by the chairperson of the session.

4. In administrative proceedings related to declaring a civil act record invalid, the rules established by Article 92 of this Law shall be applied when obtaining and examining evidence.

Article 90. Facts of legal significance to be established by the civil acts registration body🔗

1. The civil acts registration body shall establish, in accordance with the procedure defined by this Chapter, the following facts of legal significance:

a) the fact of a person's birth at a certain time and in certain circumstances;

b) the fact of a person's death at a certain time and in certain circumstances;

c) the fact of registration of a person's birth;

d) the fact of registration of a person's death.

2. The civil acts registration body shall be entitled to establish a fact of legal significance that occurred on the territory of Georgia.

3. A fact of legal significance that occurred abroad shall be established by the civil acts registration body only in respect of a citizen of Georgia, his/her minor child, a stateless person having status in Georgia and a person having international protection in Georgia.

4. The civil acts registration body shall be entitled to establish the facts of legal significance provided for by subparagraphs „a“ and „c“ of paragraph 1 of this Article in respect of a person residing in Georgia whose citizenship status is unclear at the time of consideration of the application for establishment of a fact of legal significance, but there is a reasonable assumption that the person may be granted Georgian citizenship.

5. The civil acts registration body shall establish a fact of legal significance only if obtaining by another procedure the documents confirming this fact or restoring a lost document is impossible or involves disproportionate expenses and efforts.

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Law of Georgia of 1 December 2016 No. 50 – website, 15.12.2016.

Article 91. Persons entitled to submit an application for establishment of a fact of legal significance🔗

Any interested person shall have the right to apply to the civil acts registration body with an application for establishment of a fact of legal significance.

Article 92. Evidence in proceedings related to the establishment of a fact of legal significance🔗

1. The civil acts registration authority is entitled, when establishing a fact of legal significance, in addition to written and material evidence, also to use and rely on the explanations of the parties, witness testimony and other evidence.

2. Unless otherwise provided by the General Administrative Code of Georgia, when establishing a fact of legal significance, for the obtaining, examination and assessment of evidence the provisions of Title Three of the Civil Procedure Code of Georgia shall apply, except paragraph 3 of Article 102, Article 103, paragraph 2 of Article 104, Article 106, paragraph 2 of Article 109, Article 110, paragraph 2 of Article 116, Articles 118, 119, 126 and 131–133, paragraphs 2 and 2¹ of Article 134, Article 136, paragraph 1 of Article 145, Articles 146 and 155–157, and paragraphs 4 and 5 of Article 169.

3. The civil acts registration authority, when establishing a fact of legal significance, shall apply the norms of the Civil Procedure Code of Georgia taking into account the peculiarities determined by this Law and other legislative and subordinate normative acts regulating the activity of the Agency.

Article 93. Liability for misleading the civil acts registration authority🔗

1. When establishing a fact of legal significance, liability for giving false explanations or false testimony to the civil acts registration authority or for misleading it shall be imposed, respectively, on the interested party giving the explanation or testimony, an expert and/or a witness.

2. A person summoned as a witness shall be obliged to give testimony on matters related to the establishment of a fact of legal significance.

Article 94. Procedure for considering an application for the establishment of a fact of legal significance🔗

1. In administrative proceedings related to the establishment of a fact of legal significance, the Civil Acts Registration Body shall hold an oral hearing, to which the applicant, other interested persons and witnesses must be invited. The applicant, interested persons and witnesses must be notified of the oral hearing at least 5 calendar days before its holding and must be invited to participate in it.

2. Unless otherwise provided by law, in administrative proceedings related to the establishment of a fact of legal significance, the rules established by Chapters VI and VIII of the General Administrative Code of Georgia shall apply, taking into account the provisions of this Law.

3. If the Civil Acts Registration Body consists of only one employee, when holding an oral hearing in administrative proceedings related to the establishment of a fact of legal significance provided for by this Chapter, the powers of the secretary of the hearing may be exercised by the chairperson of the hearing.

4. A decision on the establishment of a fact of legal significance or refusal to establish it must be issued no later than 1 month from the submission of the relevant application. If, in order to establish circumstances of substantial importance to the case, a period longer than that provided for by this Law is necessary, the Civil Acts Registration Body may issue a decision on the extension of the period.

5. The total period for issuing a decision on the establishment of a fact of legal significance shall not exceed 2 months.

Article 95. Decision on the establishment of a fact of legal significance🔗

1. A decision on the establishment of a fact of legal significance, in addition to the requisites provided for by Article 52 of the General Administrative Code of Georgia, shall also contain the information necessary for drawing up the record of the relevant civil act.

2. When establishing the fact of legal significance of a person's birth at a certain time and in certain circumstances, as well as of the registration of birth, the civil acts registration authority shall be entitled, if sufficient evidence exists, to establish the data of the parents, except in the case where there is a dispute between the parties participating in the administrative proceedings concerning the identity of the parents.

3. The impossibility of establishing the data necessary for the registration of a civil act may not become an unconditional ground for refusing to establish a fact of legal significance. The civil acts registration authority shall be entitled to issue a decision on the establishment of a fact of legal significance without the individual data required for the registration of the civil act, if its establishment is impossible due to the absence of sufficient evidence or for another reason.

4. In administrative proceedings related to the establishment of a fact of legal significance of a person's birth at a certain time and in certain circumstances, if it is impossible to establish the month and day of birth due to the absence of sufficient evidence, the said data shall be determined in accordance with the procedure established by an order of the Minister of Justice of Georgia.

5. The establishment of a fact of legal significance shall be inadmissible if:

a) in administrative proceedings related to the establishment of a fact of legal significance of a person's birth at a certain time and in certain circumstances, the person's first name, surname or date (year) of birth cannot be established;

b) in administrative proceedings related to the establishment of a fact of legal significance of the registration of a person's birth, the approximate date of registration of the person's birth, the registering authority or one of the data provided for by subparagraph „a“ of this paragraph cannot be established;

c) in administrative proceedings related to the establishment of a fact of legal significance of a person's death at a certain time and in certain circumstances, the person's first name, surname, date of birth or death cannot be established;

d) in administrative proceedings related to the establishment of a fact of legal significance of the registration of a person's death, the approximate date of registration of the person's death, the registering authority or one of the data provided for by subparagraph „c“ of this paragraph cannot be established.

6. If, when establishing a fact of legal significance in respect of a deceased person, it is impossible to determine his/her surname for the reason that it is impossible to establish the surnames of this person's parents, and, at the same time, no official documents indicating the surname have been issued to him/her, the civil acts registration authority shall be entitled to issue a decision on the establishment of the fact of legal significance without indicating the surname of this person.

7. If the civil acts registration authority considers the testimony of witnesses and other submitted evidence to be insufficient or unconvincing, it is entitled to refuse to establish a fact of legal significance.

Article 96. Termination of administrative proceedings🔗

1. If administrative proceedings have been initiated in the civil acts registration authority for the purpose of establishing a fact of legal significance and it is subsequently revealed that the documents confirming this fact can be obtained by another procedure or the lost document can be restored, the civil acts registration authority shall terminate the administrative proceedings at any stage, of which it shall issue a reasoned decision.

2. If the applicant no longer has an interest in the fact of legal significance to be established, he/she is entitled, at any stage of the administrative proceedings, to apply to the civil acts registration authority and request the termination of the administrative proceedings.

3. The civil acts registration authority is entitled to refuse the termination of the administrative proceedings if the establishment of the fact of legal significance is in the public interest and/or is important for the completeness of the database of civil acts.

Article 97. Registration of a civil act on the basis of a decision on the establishment of a fact of legal significance🔗

The procedure for the registration of a civil act on the basis of a decision on the establishment of a fact of legal significance provided for by this Chapter shall be determined by an Order of the Minister of Justice of Georgia.

Article 98. Transitional Provisions🔗

1. Both copies of a record of a civil act drawn up before the entry into force of this Law shall have equal legal force. In the event of a discrepancy between the two copies of a record of a civil act, the issue of granting priority force to the data of one of the copies shall be decided by the civil acts registration authority.

2. If it is impossible to consider a record of a civil act valid in accordance with the procedure established by paragraph 1 of this Article, the authorized body, on the basis of an application of an interested person, shall establish, in accordance with the procedure established by law, a fact of legal significance for the registration of a civil act.

3. A copy of a record of a civil act drawn up before the entry into force of this Law, preserved in the electronic database of civil acts data, shall have the same legal force as the original of the said record.

3¹. The data indicated in a record of a civil act existing in the electronic database of civil acts data before 1 June 2021 shall have legal force equal to that of the original of the said record.

4. If, before the entry into force of this Law, a person married again without termination of the marriage, then, upon the joint request of the spouses in the previous marriage, their marriage shall be considered terminated from the date of registration of the subsequent marriage.

5. A record of a civil act of marriage registered before 30 January 2006 that does not contain the signatures of witnesses shall be considered valid if no incorrect data have been entered therein and/or no other rule of marriage registration has been violated.

6. A record of a civil act drawn up before 1 September 2009 that is not certified by the signature of an authorized person and/or the corresponding seal shall be considered valid if no incorrect data have been entered therein and/or no other rules of civil act registration have been violated. The operation of this paragraph shall not extend to a record of a civil act according to whose data a new record of a civil act has been registered on the basis of the establishment of a fact of legal significance.

6¹. A change of name effected before 1 June 2014 shall not restrict the right of a person to change their name in accordance with the procedure provided for by paragraph 1 of Article 64 of this Law.

6². The civil acts registration authority shall legally recognize a change or correction of a child's name in a record of a civil act of birth that is not certified by the signature of an authorized person and/or the corresponding seal, if the birth civil act was registered before 2008 and the person holds a birth certificate and/or an identity document, including a passport of a foreign national, with the changed or corrected data (legal recognition of a name change).

6³. The restrictions provided for by Article 67¹ of this Law and by subparagraphs "a" and "b" of paragraph 3 of Article 68 shall not apply to the case where the request is conditioned by the need to eliminate a discrepancy existing in civil act records and identity documents and the person wishes to receive the data indicated in the identity documents last issued in their name.

7. If the date of registration is not indicated in the record of a civil act of birth or death and it is impossible to determine it by other means, the date of birth of the child or the date of death of the person shall be considered the date of registration, respectively. This rule applies to records of civil acts of birth and death drawn up before the entry into force of this Law.

8. Before 1 February 2012, the Minister of Foreign Affairs of Georgia and the Minister of Justice of Georgia shall determine by joint order the procedure for the exercise of powers delegated by the Agency to a consular official and the scope of delegation.

9. Before 1 February 2012, the Minister of Labour, Health and Social Affairs of Georgia and the Minister of Justice of Georgia shall determine by joint order the requisites of medical certificates on the birth of a child and the death of a person, and the rules for their drawing up and sending.

10. Before 1 February 2012, the Minister of Justice of Georgia shall ensure the issuance of the normative acts provided for by this Law.

Law of Georgia of 29 May 2014 No. 2482 – website, 29.05.2014.

Law of Georgia of 15 April 2016 No. 4966 – website, 26.04.2016.

Law of Georgia of 18 April 2018 No. 2149 – website, 01.05.2018.

Law of Georgia of 30 March 2021 No. 418 – website, 13.04.2021.

Article 98¹. Legal regulation relating to persons declared incapable by a court before 1 April 2015 during the transitional period🔗

1. Marriage shall not be permitted between persons, at least one of whom is a person declared incapable by a court before 1 April 2015, until his or her individual assessment is conducted.

2. If at the time of registration of birth the mother is a person declared incapable by a court before 1 April 2015 and her individual assessment has not been conducted, the data on the mother in the civil act record of birth shall be indicated on the basis of the document confirming birth, and the data on the father – on the basis of the father's application.

3. In addition to the persons indicated in the first paragraph of Article 32 of this Law, the right to apply to the civil acts registration authority for registration of establishment of paternity shall be held by the child's father, if the child is a minor, and the mother is a person declared incapable by a court before 1 April 2015 and her individual assessment has not been conducted.

4. If an adult is a person declared incapable by a court before 1 April 2015 and his or her individual assessment has not been conducted, registration of establishment of paternity in respect of him or her, as well as change of his or her surname, shall be permissible only on the basis of a court judgment.

5. If the child's father is a person declared incapable by a court before 1 April 2015 and his individual assessment has not been conducted, registration of establishment of paternity shall be permissible only on the basis of a court judgment.

6. Registration of divorce with that spouse who is a person declared incapable by a court before 1 April 2015 and whose individual assessment has not been conducted shall be carried out if there is no dispute between the spouses regarding the division of their common joint property, the recovery of alimony in favour of the spouse unable to work, or their common children.

7. With respect to that spouse who is a person declared incapable by a court before 1 April 2015 and whose individual assessment has not been conducted, in order to verify the absence of grounds for refusal of registration of divorce, the civil acts registration authority shall notify the guardian of the incapacitated spouse of the filing of an application for divorce and shall set a reasonable time period for submitting a written response.

8. The time period for submitting the response provided for by paragraph 7 of this article shall not exceed 1 month from the day of sending the notification, if the guardian of the spouse declared incapable by a court before 1 April 2015 is in Georgia. If the guardian of the spouse declared incapable by a court before 1 April 2015 is in another state, the said time period shall not exceed 6 months from the day of sending the notification.

9. If the guardian of the spouse who is a person declared legally incapable by a court before 1 April 2015 and whose individual assessment has not been conducted declares the absence of the dispute provided for by paragraph 6 of this Article between the spouses, or fails to submit a written response within the established time limit, the civil acts registration body shall register the divorce.

10. Divorce with the spouse who is a person declared legally incapable by a court before 1 April 2015 and whose individual assessment has not been conducted shall be registered within 2 working days from receipt of the response provided for by paragraph 7 of this Article, and in the case of failure to submit the response within the time limit established by the civil acts registration body — within 2 working days from the expiry of that time limit.

11. In respect of an adult who is a person declared legally incapable by a court before 1 April 2015 and whose individual assessment has not been conducted, amendments, corrections and/or additions to the record of a registered civil act may be made on the basis of an application by his/her guardian.

12. An adult who is a person declared legally incapable by a court before 1 April 2015 and whose individual assessment has not been conducted may have his/her name and/or surname changed at the request of his/her guardian.

Law of Georgia of 20 March 2015 No. 3347 – website, 31.03.2015.

Article 98². (is invalid)🔗

Law of Georgia of 16 December 2015 No. 4650 – website, 28.12.2015.

Article 99. Final Provisions🔗

1. The Law of Georgia of 15 October 1998 "On Civil Acts Registration" (Legislative Herald of Georgia, No. 3, 1998, Art. 30) shall be declared invalid.

2. This Law, except for Articles 1–97 of this Law, paragraphs 1–7 of Article 98 and paragraph 1 of Article 99, shall enter into force upon publication.

3. Articles 1–97 of this Law, paragraphs 1–7 of Article 98 and paragraph 1 of Article 99 shall enter into force from 1 February 2012.

President of Georgia M. Saakashvili

Tbilisi,

20 December 2011.

No. 5562-rs