Civil Code of Georgia — Family law

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Book Five

Family Law

Section One

Marriage

Chapter One

Procedure and Conditions for Entering into Marriage

Article 1106 – Concept of marriage

Marriage is a voluntary union of a woman and a man for the purpose of creating a family, which is registered with

a territorial office of the Legal Entity under Public Law (LEPL) – Public Service Development Agency operating

within the governance of the Ministry of Justice of Georgia (‘the territorial office of the Agency’). For the

purposes of this article, a woman shall be a female identified according to the hereditary genetic characters, while

a man shall be a male identified according to the hereditary genetic characters.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 6317 of 25 May 2012 – website, 19.6.2012

Law of Georgia No 4438 of 17 September 2024 – website, 3.10.2024

Article 1107 – Conditions for entering into marriage

Entry into marriage shall require:

a) marriageable age;

b) consent of the persons to be married.

Article 1108 – Marriage age

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

2. The marriage of an adult with limited capacity to contract shall be permitted with a prior written consent of

his/her custodian.

3. (Deleted – 16.12.2015, No 4649).

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Law of Georgia No 4649 of 16 December 2015 – website 28.12.2015

Article 1109 – Consent of the persons to be married; engagement

1. No prior consent of the persons to be married (engagement) shall create the obligation to subsequently enter

into marriage.

2. Engagement shall not serve as the basis for filing a claim for forced marriage.

3. If the marriage is cancelled, the presents given in connection with the engagement shall be returned to the

parties.

Article 1110 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1111 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1112 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1113 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1114 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1115 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1116 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1117 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1118 – (Deleted)

Law of Georgia No 1393 of 11 July 2009 – LHG I, No 21, 3.8.2009, Art. 111

Article 1119 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1120 – Impediments to marriage

1. Marriage shall not be allowed between:

a) the persons at least one of whom is married to a third person;

b) lineal ascendants and descendants;

c) biological and non-biological siblings;

d) an adoptive parent and an adoptee;

e) the persons at least one of whom is a beneficiary of support and who have not entered into a marriage contract

under Article 1172(2) of this Code;

f) the representatives of one and the same biological sex (in particular, of one and the same sex identified

according to the hereditary genetic characters).

2. Paragraphs 1(b), (c) and (d) of this article shall apply even if the kinship is extinguished as a result of adoption.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Decision No 2/4/532,533 of the Constitutional Court of Georgia of 8 October 2014 – website, 28.10.2014

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 4438 of 17 September 2024 – website, 3.10.2024

Article 1121 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Chapter Two

Termination of Marriage

Article 1122 – Grounds for terminating a marriage

Marriage shall be terminated if:

a) a spouse dies;

b) a spouse is declared dead according to the procedure laid down by law;

c) the spouses divorce.

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Article 1122 1 – Termination of marriage upon the death of a spouse or upon declaring a spouse dead

1. Marriage shall be deemed terminated from the date of the death of a spouse.

2. If a court decision declaring a spouse dead does not indicate the exact date of death, the marriage shall be

deemed terminated upon entry of the court decision into force.

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1123 – Exclusion of a divorce

1. If there is a dispute between spouses, the divorce shall be obtained through legal proceedings, in other cases, in

a civil registration authority.

2. During the pregnancy of the wife and within one year after the birth of a child, the husband has no right to file

for divorce without the wife’s consent.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5672 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 4

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1124 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5672 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 4

Law of Georgia No 1393 of 11 July 2009 – LHG I, No 21, 3.8.2009, Art. 111

Law of Georgia No 4055 of 15 December 2010 – LHG I, No 76, 29.12.2010, Art. 499

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1125 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1126 – (Deleted)

Law of Georgia No 5672 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 4

Article 1127 – Judicial hearing of divorce cases

1. A court shall hear divorce cases under adversary proceedings established by the Civil Procedure Code of

Georgia.

2. The court shall take measures to reconcile the spouses. It may adjourn the hearing and fix a period of a

maximum of six months for reconciliation of the spouses.

3. A divorce shall be granted if the court finds that it is no longer possible for the spouses to live together and

preserve the family despite the reconciliation measures taken.

4. When delivering a divorce decision, the court shall, if necessary, take actions to safeguard the interests of the

minor children and a disabled spouse.

5. The limitation period under Article 142 of this Code shall not apply to the registration of divorce to be

conducted on the basis of a legally effective divorce decision of the court.

Law of Georgia No 2635 of 27 June 2018 – website 6.7.2018

Article 1128 – Making a decision on the place of residence and maintenance of children

1. If the spouses have not agreed on the place of residence of their children and on the funds to be paid for their

maintenance after the divorce, the court shall be obligated, when granting the divorce, to determine which parent

is to be awarded custody of the child, as well as the amount of the maintenance (alimony) and the parent

responsible for its payment.

2. In the cases provided for in this article, if necessary, a guardianship and custodianship authority shall be

involved in the proceedings.

Article 1129 – Making a decision on spousal support

At the request of the spouse entitled to maintenance from the other spouse, the court shall, when making a

decision on a divorce case, determine the amount of the funds to be paid by the other spouse.

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Article 1130 – Making a decision on the partition of matrimonial property

1. At the request of both or one of the spouses, the court shall, when making a decision in a divorce case, consider

the partition of the assets constituting the common property of the spouses.

2. If such partition affects the rights of third parties, the dispute over the partition of property may not be settled

concurrently with the divorce case.

Article 1131 – (Deleted)

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1132 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1133 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1134 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1135 – Restoration of marriage in the event of reappearance of a spouse declared dead or missing

1. If a spouse reappears who was declared dead or missing according to the procedure prescribed by law and with

whom the marriage was terminated on such grounds, and the court decision declaring the person dead or missing

is repealed, a territorial office of the Agency may restore the marriage based on a joint application of the spouses,

but if the divorce was granted in a court proceedings, then the court shall repeal the divorce decision based on

their application.

2. The marriage may not be restored if the spouse of the person declared dead or missing has already married

another person.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Article 1136 – Right to remarry

Divorced spouses may remarry.

Article 1137 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1138 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1139 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 2719 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 56

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1139 1 – (Deleted)

Law of Georgia No 3657 of 1 October 2010 – LHG I, No 53, 11.10.2010, Art. 341

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

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Chapter Three

Annulment of Marriage

Article 1140 – Basis for annulment of marriage

1. A marriage may be annulled if it was entered into contrary to the provisions of Articles 1107, 1108 and 1120

and if the marriage registration was not intended to create a family (sham marriage).

2. A marriage may be annulled only by a judicial decision.

Article 1141 – Presumption of validity of marriage

If when entering into marriage the spouses were unaware of impediments to their marriage that are the basis for

annulment of the marriage, the marriage shall be terminated through court proceedings from the moment of

discovering such impediments, but up to that moment the marriage shall give rise to all the legal implications of a

valid marriage.

Article 1142 – Annulment of marriage with a person who has not reached marriageable age

1. Marriage with a person who has not reached marriageable age or with a person who has been granted an

exception with respect to minimum age of marriage may be annulled if the interests of the spouse who got

married before reaching the marriageable age so require.

2. The right to claim annulment of marriage on this basis may be exercised by an underage spouse, his/her parents

or guardian (custodian) as well as by the guardianship and custodianship authority.

3. If by the time of the legal proceedings the underage spouse reaches the age of marriage or is pregnant, then the

marriage may be annulled only at the request of this spouse.

Article 1143 – Annulment of marriage due to impediments to marriage

1. A court may annul the marriage registered contrary to the conditions provided for in Article 1120.

2. If impediments to marriage cease to exist by the time of the legal proceedings, the court may declare the

marriage valid from the moment when such impediments cease to exist. The right to claim the annulment of

marriage on these grounds may be exercised by the spouses and the persons whose rights have been violated as a

result of the marriage, as well as by the guardianship and custodianship authorities.

3. In legal proceedings for the annulment of the marriage with a beneficiary of support participation in the

proceedings of a supporter that is not a spouse of the beneficiary of support, if any, shall be required; and if

necessary, participation of a guardianship and custodianship authority in the proceedings shall also be required.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1144 – Annulment of forced marriage

1. If a spouse was induced to enter into marriage by duress, the spouse (the spouses) may file a claim for the

annulment of the marriage.

2. The fact of forced marriage shall be established by a court.

Article 1145 – Annulment of a sham marriage

1. A marriage entered into with no intent to create a family may be annulled.

2. A territorial office of the Agency may file a claim for the annulment of a sham marriage or, if one of the spouses

entered into marriage with no intent to create a family, the other spouse may also file such claim.

3. A marriage may not be declared a sham marriage if the registered persons have actually created a family before

the commencement of the court proceeding.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Article 1146 – Moment of annulling a marriage

1. An annulled marriage shall be deemed annulled from the marriage registration day and shall not give rise to

marital rights and duties.

2. The proprietary relations of the persons whose marriage has been annulled shall be regulated according to the

property provisions of this Code.

3. In delivering a decision of marriage annulment, the court may award the spouse who was not aware and could

not have been aware of the bars to marriage (the spouse in good faith) maintenance payments from the other

spouse under Articles 1182 and 1186 and apply the provisions of Articles 1158 and 1171 when partitioning

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property acquired before the marriage annulment.

4. The annulment of a marriage shall not prejudice the rights of children born as a result of that marriage.

Article 1147 – Liability for the damage caused to a spouse in good faith

The spouse in good faith who has suffered property damage as a result of the marriage that has been annulled may

claim damages.

Article 1148 – Marriage annulment only by court

No one may claim that a marriage is annulled unless a court annuls the marriage.

Article 1149 – Inadmissibility of annulling a marriage after the death of spouses

Marriage annulment may not be demanded after the death of both spouses.

Article 1150 – Remarriage in the event of an annulled marriage

The persons whose marriage has been annulled may remarry under the general procedure, provided the basis for

which the marriage was annulled has ceased to exist.

Chapter Four

Marital Rights and Duties

I – General Provisions

Article 1151 – Significance of marriage registration

Only a marriage registered according to the procedure laid down under the legislation of Georgia shall give rise to

marital rights and duties.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 3657 of 1 October 2010 – LHG I, No 53, 11.10.2010, Art. 341

Article 1152 – Equality of spouses

In domestic relations the spouses shall have equal personal and property rights and shall bear equal

responsibilities.

Article 1153 – Prohibition of discrimination

When entering into a marriage and in domestic relations, rights may not be restricted directly or indirectly; no

direct or indirect preference may be given on the grounds of origin, social and property status, racial and ethnic

background, sex, education, language, attitude to religion, type and nature of activities, place of residence and

other circumstances.

II – Personal Rights

Article 1154 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1155 – Joint settlement of family affairs

The spouses shall jointly decide issues relating to the children's upbringing and other family affairs.

Article 1156 – Freedom of choice of activity

Each spouse shall be free to choose his or her activity and occupation.

Article 1157 – Freedom of choice of place of residence

Each spouse may choose his or her place of residence at his or her discretion unless doing so contradicts the family

interests.

III – Property Rights and Duties Prescribed by Law

Article 1158 – Matrimonial property

1. Any property acquired by the spouses during their marriage shall be treated as their joint property (matrimonial

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property), unless otherwise determined by the marriage contract.

2. The matrimonial right to such property shall arise even if one of the spouses ran the household, took care of the

children or did not have an independent income for any other valid reason.

Article 1159 – Administration of matrimonial property by mutual agreement

The spouses shall have equal rights to the matrimonial property. The spouses shall possess, use and administer the

property by mutual agreement.

Article 1160 – Administration of matrimonial property by mutual agreement

1. The matrimonial property shall be administered by agreement of the spouses, regardless of which spouse

administers the property.

2. No transaction made by one of the spouses in connection with the administration of the matrimonial property

may be declared void upon request of the other spouse on the ground that:

a) he/she had no knowledge of the transaction;

b) he/she disagreed with the transaction.

3. As a co-owner, a spouse may claim the benefit obtained from the administration of the property.

Law of Georgia No 5127 of 29 June 2007 – LHG I, No 27, 17.7.2007, Art. 260

Article 1161 – Separate property of spouses

The following shall be the separate property of each spouse:

a) property that each of them owned before the marriage;

b) property inherited or received as a gift during the marriage.

Article 1162 – Articles of Personal use acquired during marriage

Articles of personal use, except for valuables shall be deemed to be a separate property of the spouse who uses

these articles, even if they are acquired during the marriage with the joint funds of the spouses.

Article 1163 – Separate property of a spouse turned into matrimonial property

The property of each spouse may be deemed to be the matrimonial property if it is discovered that the property

has significantly increased in value as a result of the expenses incurred during the marriage (redesigning,

completion of construction, reconstruction, etc.). This rule shall not apply if the marriage contract provides

otherwise.

Article 1164 – Division of matrimonial property

Matrimonial property may be divided upon the request of either spouse, both during the marriage and after it is

terminated.

Article 1165 – Fate of the things required for professional activities upon division of matrimonial property

Matrimonial property shall be divided by mutual agreement of the spouses, or, if no such agreement is reached, by

a court. The court shall determine which thing belongs to which spouse. Things required for professional

activities (musical instruments, medical equipment, a book collection, etc.) shall be transferred to the spouse who

needs them for his or her professional activities even if they were acquired during the marriage with the joint

funds of the spouses.

Article 1166 – Compensation in the case of disparity upon division

If matrimonial property is divided in such a way that one of the spouses receives the things the value of which

exceeds the share to which the spouse is entitled, the other spouse shall be given corresponding compensation in

monetary or other form.

Article 1167 – Division of matrimonial property during marriage

If matrimonial property is divided during the marriage, then the part of the property that is not divided, as well as

the property that the spouses will acquire in the future shall be deemed to be matrimonial property, unless

otherwise provided by the marriage contract.

Article 1168 – Interests of minor children during the division of matrimonial property

1. Spouses shall have equal shares in the matrimonial property unless they agree otherwise.

2. A court may deviate from the rule of equal shares, taking into account the interests of minor children or the

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weighty interests of one of the spouses; in particular, the share of one of the spouses may be increased if the minor

children reside with him or her, or if he or she is a disabled person, or if the other spouse has spent the

matrimonial property to the detriment of the family interests.

3. Based on the above grounds, the court may award each spouse the property that has been acquired by each of

them after the marriage was actually terminated or during the time when they lived apart.

Article 1169 – Division of joint debts of spouses

Joint debts of spouses shall be divided between them pro rata to the shares to which each of them is entitled.

Article 1170 – Procedure for the payment of the debt of one of the spouses

1. The payment of the debt of one of the spouses may be recovered from his or her property and/or from his or her

share in the matrimonial property which he or she would have received if the property had been divided.

2. The payment of these debts may be recovered from the matrimonial property if the court finds that the benefit

received from the debts has been used in the common interest of the whole family.

3. If compensation is to be paid for damages caused by a wrongful act of one of the spouses, then such

compensation may be recovered from matrimonial property only if the verdict finds that the property was

acquired with the benefit obtained as a result of the wrongful act.

Article 1171 – Limitation period on claims for division of matrimonial property

The limitation period on claims for division of the matrimonial property of divorced spouses shall be three years.

IV – Contractual Property Relations of the Spouses

Article 1172 – Marriage contracts

1. Spouses may enter into a marriage contract that defines their property rights and duties during the marriage as

well as during the termination of the marriage.

2. A marriage contract must be concluded before registration of the marriage if either of the spouses is a

beneficiary of support. Participation of a guardianship and custodianship authority and of a supporter in the

process of concluding a marriage contract shall be required in a part defined by an appropriate court decision.

3. The responsibility for supervising performance by the supporter of his/her duties during the execution of a

marriage contract with a beneficiary of support shall be imposed on a guardianship and custodianship authority.

4. A marriage contract with a beneficiary of support shall not restrict his/her property rights more than it is

defined by an appropriate court decision.

5. If a marriage contract is concluded between a supporter and a beneficiary of support, a guardianship and

custodianship authority shall assign an authorised person of the guardianship and custodianship authority to the

beneficiary of support as a temporary supporter during the course of concluding the marriage contract.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1173 – Entering into a marriage contract

1. A marriage contract may be entered into at any time before or after the registration of a marriage.

2. A marriage contract entered into before the registration of the marriage shall take effect upon the registration of

the marriage.

Article 1174 – Contract form

A marriage contract shall be made in writing and certified by a notary.

Article 1175 – Marriage contract of persons with limited capacity to contract

A person whose capacity to contract is restricted may enter into a marriage contract before the marriage

registration only with the consent of his/her legal representative.

Article 1176 – Content of a marriage contract

1. A marriage contract may be made for property already available as well as for property to be acquired in the

future.

2. Under a marriage contract the spouses may change the rules laid down by law for matrimonial property.

3. The spouses may combine all their assets so as to include in them the property acquired during the marriage

(matrimonial property) or they may refuse such combination in whole or in part and determine the shared or

separate ownership of the property by each spouse.

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Article 1177 – Rules for bearing family expenses

The spouses may determine in the marriage contract the conditions for their participation in income, the rules for

bearing family expenses by each of them, and the property to be transferred to each spouse in the event of

termination of the marriage.

Article 1178 – Limitation of rights and duties defined by a marriage contract

The rights and duties defined in a marriage contract may be limited for a certain period of time or may be

contingent upon the occurrence of this or that condition.

Article 1179 – Duties that may not to be changed under a marriage contract

1. A marriage contract may not change the duty of reciprocal maintenance of the spouses, parental rights and

duties towards children, child support obligations and the right to file an action in court in the event of a dispute.

2. The contract may not include any conditions that put one of the spouses in hardship.

Article 1180 – Termination of marriage contracts

1. A marriage contract may be changed or terminated at any time by mutual agreement of the spouses.

2. Unilateral repudiation of a marriage contract shall not be allowed.

3. A marriage contract shall be terminated upon divorce.

Article 1181 – Changing the conditions of a marriage contract by a court

Based on the application of the interested spouse, if there are valid reasons, a court may change the conditions of a

marriage contract that put one of the spouses in an extremely unfavourable position.

Chapter Five

Duty of Reciprocal Maintenance of Spouses

Article 1182 – Person entitled to maintenance

The spouses shall be obligated to provide material support to each other. If such support is refused and/or if there

is no agreement between the spouses on providing maintenance, the following persons shall be entitled to

maintenance through legal proceedings:

a) a disabled spouse who is in need of material support;

b) a wife during pregnancy and for three years after the birth of a child.

Article 1183 – Right of a disabled spouse to maintenance

A disabled spouse who is in need of support from the other spouse shall retain the right to maintenance after

divorce, if he or she became disabled before the divorce, or within a period of one year after the date of divorce.

Article 1184 – Release from the duty of maintenance by a court

A court may release a spouse from the duty of maintenance or change the duty for a certain period of time, if the

spouses were married for a short period of time, or if the spouse seeking material support committed an indecent

act against the spouse who pays the maintenance, or if the disability of the spouse seeking material support was

caused by abuse of alcohol or narcotic drugs or by his or her commission of an intentional offence.

Article 1185 – Determining the amount of maintenance

1. The amount of maintenance to be paid to a spouse shall be determined as an amount of money payable on a

monthly basis, by taking account of the material and family condition of the spouses.

2. If the material or family condition of one of the spouses changes, either spouse may file in a court a claim for

changing the amount of maintenance.

Article 1186 – Extinguishing the right to maintenance

The right to receive maintenance from a spouse shall be extinguished if the grounds defined in Articles 1182 and

1183 cease to exist, or if the spouse receiving maintenance remarries.

Section Two

Relations between Parents, Children and Other Relatives

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Chapter One

Filiation

Article 1187 – Grounds giving rise to the rights and duties of parents and children

The reciprocal rights and duties of parents and their children are based on the act of birth of the children that is

confirmed according the procedure laid down by law.

Article 1188 – Filiation in the event of the father’s death

In the event of the death of the father, a child shall be deemed to have been born to the married parents if he/she

is born no later than ten months from the death of the father.

Article 1189 – Proof of filiation between children and married parents

The filiation between a child and the married parents shall be confirmed by a joint statement of the spouses or by

the statement of one of the spouses and by the certificates of the child’s birth and the parents’ marriage.

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1190 – Filiation between children and unwed parents

1. Filiation between a child and unwed parents shall be determined by a joint statement of the parents and the

certificate of the child’s birth.

2. If the parents’ joint statement is not available or if it cannot be submitted, paternity may be determined by a

court based on the application of one of the parents, the guardian (custodian) of the child or the person who

provides maintenance for the child, as well as on the application of the child after the child attains the age of

majority.

3. The court shall determine paternity according to the results of a biological (genetic) or anthropological tests

conducted for determining the paternity of a child.

4. If it is not possible to determine paternity under paragraph 3 of this article, the court shall take into account

whether the mother and the person applying for determination of paternity (the person indicated in the

application) cohabited and jointly kept a household before the birth of the child or whether they jointly raised

and/or maintained the child, or any other evidentiary documents and/or facts fully confirming the

acknowledgement of paternity by the person indicated in the application.

5. (Deleted – 20.12.2011, No 5568).

6. The birth of a child to unwed parents may also be determined by a civil registration authority according to the

procedure laid down by law, when establishing legally significant facts of a person’s birth at a certain time and

under certain circumstances.

7. A person who has reasonable cause to believe that he is the father of a child may contest the record on the

child’s father kept with a civil registration authority within one year from the time he became aware or ought to

have become aware of the record.

8. A court may dismiss the application for determination of paternity if such determination is contrary to the

child’s interests.

9. Upon establishment of paternity under the rules laid down in this article, the children shall have the same

rights and duties in relation to the parents and their relatives as the children born to married parents.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 3657 of 1 October 2010 – LHG I, No 53, 11.10.2010, Art. 341

Law of Georgia No 5445 of 9 December 2011 – website 20.12.2011

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1191 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1191 1 – Single parent

1. A single parent shall be a person having the status of single mother or single father under this article.

2. A single mother/father shall be:

a) a person who has a child of under the age of 18, if no record of the other parent of the child has been entered

into the birth record of the child;

b) a person who has an adoptive child of under the age of 18, if no record of the other parent of the child has been

http://www.matsne.gov.ge 040.000.000.05.001.000.223

entered into the birth record of the child;

c) a person whose minor child’s other parent has died, or has been declared dead or missing;

d) a person whose minor child’s other parent has been deprived of all parental rights and duties.

3. The grounds for the revocation of the status of single mother/father shall be the extinguishment of the relevant

circumstance(s) provided for by paragraph 2 of this article.

4. The court shall send a judicial act confirming the extinguishment of circumstances provided for by paragraph

2(c) and (d) of this article, within 5 working days after the act enters into legal force, to the Legal Entity under

Public Law − the Public Service Development Agency operating within the governance of the Ministry of Justice

of Georgia.

5. The guarantees for social and legal protection of a single parent shall be determined under the legislation of

Georgia.

6. The procedure for establishing the status of single mother/father and maintaining records of appropriate persons

shall be established by a joint order of the Minister of Justice of Georgia and the Minister of Internally Displaced

Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

Law of Georgia No 2892 of 11 December 2014 – website 23.12.2014

Law of Georgia No 3422 of 1 April 2015 – website 7.4.2015

Law of Georgia No 1819 of 22 December 2017 – website 11.1.2018

Law of Georgia No 3076 of 5 July 2018 – website 11.7.2018

Decision No 1/6/1320 of the Constitutional Court of Georgia of 28 December 2021 – website, 30.12.2021

Law of Georgia No 1651 of 9 June 2022 – website 23.6.2022

Article 1191 2 – Multi-child parent

1. A multi-child parent shall be a person having four or more children and/or adopted children.

2. The procedure for the provision of social security to a multi-child parent having four or more children and/or

adopted children under 18 years of age shall be defined by the legislation of Georgia.

3. The procedure for the establishment and revocation of the status of multi-child parent and for the maintenance

of records of appropriate persons shall be defined by an ordinance of the Government of Georgia.

Law of Georgia No 2606 of 27 June 2018 – website 6.7.2018

Article 1192 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1193 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Article 1193 1 – Declaring a child as abandoned

The procedure for declaring a child as abandoned shall be defined under the Law of Georgia on Adoption and

Foster Care.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Law of Georgia No 6494 of 19 June 2012 – website 2.7.2012

Article 1194 – Determining the first name of a child

1. The parents shall give their child a first name by mutual agreement.

2. (Deleted – 19.6.2012, No 6494).

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 6494 of 19 June 2012 – website 2.7.2012

Article 1195 – Determining the surname of a child

A child’s surname shall be determined according to the surname of the parents. If the parents have no common

surname, then the child shall be given the surname of the mother or the father, or a combined surname by

agreement of the parents.

2. (Deleted – 19.6.2012, No 6494).

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 6494 of 19 June 2012 – website 2.7.2012

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1196 – Changing a child’s surname

1. Termination of marriage between the parents shall not change the surname of the child.

2. The parent who received the custody of a minor child after the marriage termination or annulment may, in the

interests of the child, apply to the court for giving his/her surname to the child. If the child is under 10 years of

age, his/her desire shall be taken into account depending on his/her maturity. If the child is 10 years of age or

over, the change of surname shall also require his/her consent.

Law of Georgia No 5013 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5913 of 21 May 2020 – website, 25.5.2020

Chapter Two

Rights and Duties of Parents with Respect to Children

Article 1197 – Equal rights of parents with respect to children

Parents shall have equal rights and duties with respect to their children. A child shall have the right to live and

grow up in a family.

Article 1198 – Duties of parents with respect to children

1. Parents shall be entitled and obligated to raise their children, take care of their physical, mental, spiritual and

social development, and bring them up as decent members of society, taking account of the best interests of the

children.

1 1 . Parents/legal representatives of minors must not use such child-rearing methods that may cause physical

and/or mental suffering of minors.

2. Parents shall have the duty to maintain their children.

3. Parents may determine with whom and where their child is to live.

4. Parents shall be obligated to protect the rights and interests of their minor children, including managing and

using the children’s property.

5. Parents shall be entitled and obligated to interact with their children, and determine the rights of third persons

with respect to interacting with their children.

6. Parents shall be legal representatives of their minor children and shall act for the protection of their rights and

interests in relation to third persons, including in a court.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2703 of 17 October 2014 – website, 31.10.2014

Article 1198 1 – A minor’s right to protection

1. A minor shall have the right to be protected from his/her parent/legal representative that abuses the minor’s

rights. When a minor’s rights and legitimate interests are breached, including when both or one of the parents

fails to fulfil or improperly fulfils the duties related to the upbringing and education of the child, or abuses a

parental right, the minor may independently apply to guardianship and custodianship authorities or, in the cases

provided by the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition,

Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children,

to the Central Authority and to a court.

2. Natural and legal persons who become aware of a breach of a minor’s rights and legitimate interests shall be

obligated to report the fact to guardianship and custodianship authorities according to the actual residence of the

minor. Upon receipt of such report, guardianship and custodianship authorities shall be obligated to take measures

defined by the legislation of Georgia or, in the cases provided by the Hague Convention of 19 October 1996 on

Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility

and Measures for the Protection of Children, apply to the Central Authority.

2 1 . Failure to comply with an obligation by the entity involved in the child protection referral procedures as

provided by the legislation of Georgia and by other entity working on children issues to identify the facts of child

abuse and to furnish information about child abuse to appropriate governmental agency shall give rise to liability

as determined by the legislation of Georgia.

3. The Central Authority defined by the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law,

Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the

Protection of Children, shall be a structural unit of the Ministry of Justice of Georgia.

Law of Georgia No 2446 of 20 June 2003 – LHG I, No 20, 11.7.2003, Art. 138

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Law of Georgia No 2110 of 19 March 2014 – website, 1.4.2014

Law of Georgia No 2703 of 17 October 2014 – website, 31.10.2014

Law of Georgia No 5013 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5913 of 21 May 2020 – website, 25.5.2020

Article 1199 – Safeguarding the interests of a child

Parental rights shall not be exercised in such a way as to prejudice the child’s interests.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1200 – Upbringing of children by mutual agreement of parents

1. Parents shall decide all matters relating to the upbringing of children by mutual agreement.

2. If parents are in disagreement, a court shall settle the disagreement with the participation of the parents. In that

case, the right of a parent to be a representative of the child in a legal dispute shall be suspended. A guardianship

and custodianship authority shall appoint a child’s representative who is to represent the child’s interests in court

proceedings.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1201 – The place of residence of a minor in the case of divorce of the parents

1. If parents live apart due to divorce or for any other reason, they shall agree on who will have the right to decide

with whom the minor child is to live.

2. If parents disagree, the dispute over the custody of the minor shall be resolved by a court, taking account of the

child’s interests. In that case, the right of a parent to be a representative of the child in a legal dispute shall be

suspended. A guardianship and custodianship authority shall appoint a child’s representative who is to represent

the child’s interests in court proceedings.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1202 – Rights and duties of divorced or separated parents with respect to their children

1. Parents shall have equal rights and duties with respect to their children regardless of the fact that they are

divorced or live apart.

2. The parent who has the custody of the child may not limit the rights and duties of the other parent.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1203 – Rights and duties of grandparents with respect to grandchildren

Grandparents may interact with their minor grandchildren even if they are not directly involved in the

upbringing of their grandchildren. If parents or a guardian/custodian deny the grandparents the right to interact

with their grandchildren, a court may obligate the parents or the guardian/custodian to allow the grandparents to

interact with their grandchildren to the extent determined by the court, provided the court finds that doing so

would not prevent the normal upbringing of the children and would not have any undue influence on them.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1204 – Right to demand the return of a minor child

Parents may demand the return of a minor child from the person who holds the child without any legal basis.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1205 – Limiting the rights and duties of parents

1. The rights and duties of a parent may be limited only by a court decision unless otherwise determined by this

Code.

2. A court may limit one or several rights and duties of a parent independently from the other rights and duties of

the parent.

3. If both parents of a child have been restricted in their rights and obligations under this Code, the child shall be

placed under guardianship or custody.

4. When the rights of a parent are restricted, he/she shall still be obligated to support the child according to the

maintenance provisions of this Code.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Article 1205 1 – Suspending the rights and duties of parents

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1. A court may suspend the right of parents to be the representatives of their child during court proceedings,

pending the resolution of a dispute according to Articles 1200 and 1021 of this Code.

2. (Deleted).

3. If a child is found whose identity or the identity or location of its parent(s) is unknown, the rights and duties of

its parent(s) shall be deemed suspended without a court decision until:

a) the identity of the child or its parent(s) is established and until it returns to its family;

b) the identity of the child’s parent(s) avoiding the performance of parental duties and rights is established and the

court limits his/her (their) parental rights and duties or declares the child abandoned. In that case, together with

declaring the child abandoned, the court shall deliver a decision on the deprivation of parental rights;

c) the child is declared abandoned.

4. (Deleted).

5. Parental rights and duties shall be deemed suspended if a parent(s) abandons a child by their action or omission,

when the child is placed under 24-hour public custody. In that case, the suspension of parental rights and duties

shall be valid as long as the grounds for suspension exist.

6. In the event of domestic violence, as a result of which a parent is subject to a restraining or protective order, or

upon a decision on separation of the child from the parent is taken by a social worker, the parent’s representative

right and/or right to determine with whom and where the child is to live shall be deemed suspended until the

restraining or protective order or upon a decision on separation of the child from the parent taken by a social

worker expires. Appealing a decision on separation of a child from the parent shall not suspend its enforcement.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Law of Georgia No 6494 of 19 June 2012 – website, 2.7.2012

Law of Georgia No 5449 of 22 June 2016 – website, 12.7.2016

Article 1206 – Deprivation of parental rights and duties

1. The deprivation of parental rights and duties shall be the last resort. The decision depriving parental rights and

duties shall be delivered by a court on the initiative of a guardianship and custodianship authority or of the child,

unless otherwise provided for in this article.

2. A parent who systematically avoids parental duties and abuses parental rights – mistreats his/her child, has a

negative influence on him/her by an immoral behaviour, or who is a chronic alcoholic or a drug addict, or who

has involved the child in an antisocial activity (including begging, vagrancy), shall be deprived of all parental

rights and duties.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Law of Georgia No 5013 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5913 of 21 May 2020 – website, 25.5.2020

Article 1207 – Rights of the child of a person who has been deprived of parental rights and duties

A person who has been deprived of parental rights and duties shall forfeit all kinship-based rights in relation to

the child with respect to whom he/she has been deprived of parental rights and duties. A child whose parent has

been deprived of parental rights and duties shall retain property rights arising from kinship to the parent,

including the right of inheritance.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1208 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

1209 – Reinstatement of parental rights and duties

1. Parental rights and duties may be reinstated only by legal proceedings initiated by the child, one of the parents

or a guardianship and custodianship authority.

2. Parental rights and duties may be reinstated only if it is discovered that the reason for limiting or depriving a

parental right has ceased to exist.

3. When reinstating a person’s parental rights and duties, the court shall also take into account the desire of the

child.

4. Parental rights and duties may not be reinstated in relation to a child who has been adopted by another person,

except where the adoption is declared void.

http://www.matsne.gov.ge 040.000.000.05.001.000.223

5. Parental rights and duties shall be reinstated automatically after the expiry of the suspension period, unless

otherwise determined by this Code.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 5013 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5913 of 21 May 2020 – website, 25.5.2020

Article 1210 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Article 1211 – Transfer of parental rights and duties

1. The parents may transfer the right to administer the child’s assets, with respect to a particular asset, to a

property guardian under a document certified by a notary.

2. The right to administer a child’s assets may be transferred to a property guardian by a will.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 6989 of 1 5 July 2020 – website, 28.7.2020

Chapter Three

Maintenance Duties of Parents and Children

Article 1212 – Duty to maintain children

Parents shall be obligated to maintain their minor children as well as their disabled children who need support.

Article 1213 – Determination of the amount of maintenance by the parents

Parents shall determine by mutual agreement the amount of maintenance payments for the minor children or

adult disabled children.

Article 1214 – Determination of the amount of maintenance by a court

If parents fail to agree on the amount of maintenance, the dispute shall be resolved by a court. The court shall

determine the amount of maintenance on the grounds of a reasonable, fair assessment of the child’s needs for

normal maintenance and upbringing. In determining the amount of maintenance, the court shall take into

account the actual material status of the parents and the child.

Article 1215 – Duty to share additional expenses

A parent who pays maintenance to his/her minor children may be obligated to share the additional expenses

caused by special circumstances (child’s serious illness, injury, etc.).

Article 1216 – Expenses for maintaining children placed in guardianship or custody

Parents may be ordered to bear expenses for maintaining a child placed in guardianship or custody according to

this Code or a court decision.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1217 – A court ruling ordering the payment of child maintenance funds

If the defendant is registered with a territorial office of the Agency as the parent of a child under Articles 1191

and 1192 of this Code, the court may order the payment of child maintenance funds before discussing the merits

of the case.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Article 1218 – Duties of children to their parents

1. Children shall be obligated to take care of and help their parents.

2. Adult able-bodied children shall be obligated to maintain disabled parents who need support.

3. Children may be released from the duty to maintain their parents if the court rules that parents avoided

performing their parental duties.

4. A parent who has been deprived of parental rights shall forfeit the right to claim maintenance from children.

Article 1219 – Participation of children in maintaining disabled parents

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1. The court shall determine each child’s participation in maintaining a disabled parent who is in need of support,

in the form of a monthly payment, taking account of the material and family status of the parents and the

children.

2. In determining the payment, the court shall take into account the duty of all the adult children of the parents

regardless of whether the claim is filed against all, some or one of the children.

Article 1220 – Participation of children in additional expenses

Unless otherwise agreed, the children paying maintenance to their disabled parents may be ordered to share

additional expenses caused by special circumstances (parent’s serious illness, injury, etc.).

Article 1221 – Claim for reduction of maintenance

1. A parent who pays maintenance to his/her minor child may file a claim for reduction of the amount of

maintenance determined by the court.

2. If the material and family status of the parent who is making fixed maintenance payments changes, the court

may reduce or increase the amount of maintenance at the request of an interested person.

Article 1222 – Change in the amount of maintenance due to a change in material and family status

If the material or family status of parents changes after a court has fixed the amount payable by the parents to

their adult disabled children or by the children to their disabled parents who are in need of support, the court may

change the fixed amount of maintenance based on the claim of either of them.

Chapter Four

Maintenance Duties of other Family Members

Article 1223 – Reciprocal duty of support between siblings

Siblings who have sufficient funds shall be obligated to maintain their minor sisters and/or brothers who are in

need of support and unable to receive maintenance from their parents. They shall have the same duty with respect

to the adult disabled sisters and/or brothers who need support but are unable to receive maintenance from their

parents, spouse or children.

Article 1224 – Maintenance duties of grandchildren with respect to grandparents

Grandchildren who have sufficient funds shall be obligated to maintain their disabled grandparents who need

support and who are unable to receive maintenance from their children or from each other.

Article 1225 – Maintenance duties of grandparents with respect to their grandchildren

Grandparents who have sufficient funds shall be obligated to maintain their minor grandchildren who need

support and who are unable to receive maintenance from their parents. They shall have the same duty before the

adult disabled grandchildren who need support but are unable to receive maintenance from their parents, spouse

or children.

Article 1226 – Maintenance duties of stepparents

Stepparents who have sufficient funds shall be obligated to maintain their minor and/or disabled stepchild who

needs support if the stepchild is in their custody for upbringing or maintenance and has no parents or is unable to

receive maintenance from them.

Article 1227 – Maintenance duty of stepchildren

1. Stepchildren who have sufficient funds shall be obligated to maintain their disabled stepparents who need

support if the stepparents had been rearing or maintaining them.

2. A court may release a stepchild from the duty to maintain his/her disabled stepfather and/or stepmother if they

reared or maintained him/her for less than five years or if they did not perform properly the duty of raising the

stepchild.

Article 1228 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1229 – Maintenance duties with respect to de-facto foster parents

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A person who was under permanent upbringing or maintenance shall be obligated to provide maintenance to

his/her de-facto foster parent if the foster parent is disabled, in need of support but unable to receive it from

his/her children or spouse.

Article 1230 – Procedure for determining the amount of maintenance

1. A court shall determine the amount of maintenance payable, in each particular case, to the persons referred to

in this chapter, in the form of a monthly payment, in consideration of the material and family status of the

maintenance payer and the payee.

2. If more than one person is concurrently obligated to maintain the family, the court shall determine, in

consideration of their material and family status, the amount of the share of each of them in this duty. At the same

time, the court shall take into account all maintenance payers regardless of whether maintenance is claimed from

all of them or only from one or some of them.

Article 1231 – Changing the amount of maintenance

If the material or family status of the maintenance payer or the payee changes, a court may change the previously

determined amount of maintenance, based on the claim of one of them, after the amount of the maintenance

payable to the persons referred to in this chapter has been determined in a legal proceeding.

Chapter Five

Procedure for Payment and Enforced Payment of Maintenance

Article 1232 – Voluntary payment of maintenance

1. A person who has the duty to pay maintenance shall pay it voluntarily and personally according to the place

where he/she receives his/her income.

2. The voluntary payment of maintenance shall not exclude the maintenance payee’s right to file a claim in a court

at any time for enforced payment.

Article 1233 – Duty of the administration of the employing organisation with respect to maintenance payments

1. Each month, the administration of the employing organisation shall deduct, based on a written application or

writ of execution, maintenance from the maintenance payer’s salary (pension, allowance, etc.) and pay or transfer

it to the person indicated in the application or writ of execution not later than three days after the salary (pension,

allowance, etc.) payment day.

2. The written application of the person who is willing to pay maintenance voluntarily shall be presented to the

administration of the employing organisation according to the applicant’s place of work or the place where he/she

receives a pension or allowance.

Article 1234 – Claim for enforced payment of maintenance

1. A person entitled to claim maintenance may, at any time before the forfeiture of this right and according to the

procedures laid down by law, file a claim in a court for enforced payment of maintenance, regardless of the time

elapsed from the time when the right to claim maintenance arose.

2. Maintenance shall be awarded only for a future period after the moment a claim is filed in court. Past

maintenance payments may be recovered for a period of up to three years, provided the court finds that measures

had been taken to receive payment before the claim was filed but the maintenance was not received because the

obligor avoided payment.

Article 1235 – Recovering arrears in maintenance payments

1. Maintenance payments accrued in the past may be recovered by a writ of execution for a period of up to three

years before submission of the writ of execution for payment.

2. If maintenance could not be withheld under the writ of execution submitted for payment because of a search

for the obligor, arrears in maintenance payments shall be recovered for the entire period that has elapsed,

regardless of whether the limitation period has expired and/or whether the maintenance payee has come of age or

not.

Article 1236 – Determining the amount of arrears in maintenance payments

1. The amount of arrears in maintenance payments shall be determined according to the actual salary (income)

earned by the obligor during the period in which the payments were not collected.

2. If the obligor was unemployed during that period and if he/she does not present documents evidencing his/her

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salary (income), the arrears shall be determined according to the salary (income) he/she was earning at the time

when he/she was ordered to pay the arrears.

Article 1237 – Release from maintenance payment

1. Release from maintenance payment may be granted or arrears in maintenance payments may be reduced only

by a court decision.

2. The court may release the maintenance payer from maintenance payment in full or in part if it finds that the

non-payment of the maintenance was caused by the person’s illness or any other valid reason.

Article 1238 – Termination of maintenance obligation

The maintenance obligation arising from the agreement of the parties may be terminated by the death of one of

the parties, expiry of the agreement or for some other reason provided for in the agreement.

Chapter Six

Adoption

Article 1239 – Concept

1. Adoption shall be permitted only for the welfare and in the interests of a minor child, provided it is expected

that a parent-child relationship will develop between the adoptive parent and the adopted child.

2. An adult person may be adopted if a de facto parent-child relationship has already existed between the

adoptive parent and the prospective adoptee, the adoption is not contrary to the interests of the adoptive parent or

the prospective adoptee, and the adoption is morally justified.

Article 1240 – Confirming adoption upon the death of a foster parent

If a foster parent dies, the fact of adoption may be confirmed by a court proceeding only if the minor was treated

as a child of the family, also if the adoptive parent filed in a court an application for adoption during his/her

lifetime.

Article 1241 – Inadmissibility of adoption of a child after his/her death

Adoption shall not be permitted if a child has died.

Article 1242 – Making a decision on adoption

Based on an adoptive parent’s application, a decision on adoption shall be made by a court according to the place

of residence of the adoptive parent or the prospective adoptee, after the guardianship and custodianship authority

provides its report.

Article 1243 – Inadmissibility of adoption through an agent

1. Adoption may not be made subject to a condition or to a stipulation as to time or through an agent.

2. The restrictions under paragraph 1 of this article shall not extend to the adoptive parent’s right to be

represented by an advocate in a court proceeding.

3. The restrictions under paragraph 1 of this article shall not extend to the adoptive parent’s right to seek and

obtain assistance of accredited agencies during adoption procedures according to the treaties and international

agreements of Georgia.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1244 – Registration of decisions on adoption

1. Any territorial office of the Agency shall register a decision on adoption, according to the desire of the

applicant.

1 1 . The civil status act specified in paragraph 1 of this article may be registered abroad by a Georgian diplomatic

mission or consular agency abroad.

2. A court shall be obligated to notify a territorial office of the Agency of its decision within five working days

after the entry of the decision into force.

3. Adoption shall be valid from the day the court decision enters into force.

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.7.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.1.2006, Art. 20

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Law of Georgia No 3657 of 1 October 2010 – LHG I, No 53, 11.10.2010, Art. 341

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Law of Georgia No 4055 of 15 December 2010 – LHG I, No 76, 29.12.2010, Art. 499

Article 1245 – Adoptive parents

An adoptive parent may be a person who meets the requirements established by the Law of Georgia on Adoption

and Foster Care, and is registered in the Register of Children for Adoption and Adoptive Parents.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 6494 of 19 June 2012 – website, 2.7.2012

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1246 – Adoption by spouses

1. Spouses may adopt a child together. No two persons other than spouses may adopt a child.

2. One of the spouses may adopt his/her child born out of wedlock or the child of his/her spouse.

Article 1247 – Consent of a spouse during adoption

If one of the spouses adopts a child, the consent of the other spouse shall be required. Such consent shall not be

required if the marriage relationship of the spouses has been factually terminated for more than a year, or if the

place of residence of the other spouse is unknown.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1248 – Adoption by one of the spouses

If spouses jointly adopt a child or if one of them adopts a child of the other spouse, the child shall assume the legal

status of a child of both of the spouses.

Article 1249 – (Deleted)

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1250 – Age of an adoptive parent

1. The age difference between an adoptive parent and a prospective adoptive child shall not be less than 16 years.

When there is a valid reason, the court can change this age difference.

2. The maximum age difference between an adoptive parent and a prospective adoptive child under 10 years of

age shall not be more than 49 years (the upper age limit). In an exceptional case, the maximum age difference

between an adoptive parent and a prospective adoptive child from 7 to 10 years of age can be more than 49 years if

it complies with the interests of the child. The upper age limit shall not apply to married adoptive parents when

one of them meets the requirements determined by this paragraph.

3. The age restrictions imposed by paragraphs 1 and 2 of this article shall not apply when a person with a

preferential right of adoption adopts a child.

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1251 – Parental consent to a child’s placement for adoption

The procedure for a parent to give consent to his/her child’s placement for adoption shall be determined under the

Law of Georgia on Adoption and Foster Care.

Law of Georgia No 3082 of 26 August 2003 – LHG I, No 29, 18.9.2003, Art. 224

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Article 1252 – (Deleted)

Law of Georgia No 2078 of 9 June 1999 2007 – LHG I, No 24(31), 26.6.199, Art. 112

Law of Georgia No 3082 of 26 August 2003 – LHG I, No 29, 18.9.2003, Art. 224

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Article 1253 – (Deleted)

Law of Georgia No 2078 of 9 June 1999 – LHG I, No 24(31), 26.6.1999, Art. 112

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Article 1254 – Children subject to adoption

A child shall be subject to adoption if:

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a) a court has declared his/her parent (parents) missing;

b) he/she has no parents;

c) he/she has been declared as an abandoned child;

d) his/her parent(s) has (have) been deprived of parental rights;

e) all his/her legal representatives have expressed consent, according to the procedures laid down by law, to

his/her placement for adoption.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Law of Georgia No 6494 of 19 June 2012 – website, 2.7.2012

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1255 – Child’s consent to being adopted

1. When a child under 10 years of age is adopted, his/her desire shall be taken into account depending on his/her

maturity.

2. A child who is 10 years of age or over shall not be adopted without his/her consent.

3. The child’s consent to being adopted shall be determined after hearing the child at an adoption hearing in court.

4. If, before the application for adoption is filed, a child has lived in the adoptive parent’s family and has regarded

the adoptive parent as his/her own parent, the adoption shall be possible, as an exception, without the prospective

adoptee’s consent to being adopted.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Law of Georgia No 6494 of 19 June 2012 – website, 2.7.2012

Law of Georgia No 5013 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5913 of 21 May 2020 – website, 25.5.2020

Article 1256 – Denial of adoption

Before the court delivers a decision, a parent (the parents), the adoptive parent and the child who has attained the

age of 10 may withdraw his/her consent to the adoption according to the Law of Georgia on Adoption and Foster

Care.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 2382 of 18 December 2009 – LHG I, No 50, 31.12.2009, Art. 399

Article 1257 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1258 – (Deleted)

Law of Georgia No 5568 of 20 December 2011 – website 28.12.2011

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1259 – Kinship relations of adoptees

An adoptee and his/her descendants in relation to the adoptive parent and his/her relatives, and the adoptive

parent and his/her relatives in relation to the adoptee and his/her descendants shall be equivalent to blood

relatives in terms of personal and property rights and duties.

Article 1260 – Relations of adoptees with biological parents

1. An adoptee shall forfeit his/her personal and property rights and shall be released from duties to his/her

biological parents and blood relatives.

2. (Deleted – 4.5.2017, No 748).

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1261 – Effects of adoption

1. Upon adoption, the adoptive parent shall assume the same rights and duties as those specified in this Code for

biological parents.

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2. An adoptive parent’s parental rights may be suspended, restricted or deprived if it is discovered that he/she has

routinely avoided the duty of a child’s upbringing or abused parental rights or for any other reason under this

Code.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1262 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1263 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1264 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1265 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1266 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1267 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1268 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1269 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1270 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1271 – (Deleted)

Law of Georgia No 179 of 24 June 2004 – LHG I, No 19, 15.07.2004, Art. 79

Law of Georgia No 2626 of 28 December 2005 – LHG I, No 3, 16.01.2006, Art. 20

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1272 – Grounds for annulling adoption

1. Adoption may be annulled if:

a) the decision on adoption is based on false documents;

b) the adoption is a sham;

c) (deleted – 20.3.2015, No 3339);

d) the adoptive parent had been deprived of or restricted in his/her parental rights for avoiding or abuse of

parental rights and duties;

e) adoption occurred without the parents’ or the guardian’s consent where such agreement was required, if it is

discovered that the child’s return to his/her biological parents or to the guardian is in the child’s interests.

2. Adoption may be annulled only if it is in the adoptee’s interests.

3. When annulling the adoption, the court shall find out whether the adoptee who has reached the age of 10

agrees to it or not.

4. Adoption may be annulled at the request of a person whose right has been prejudiced by adoption, also at the

request of the guardianship and custodianship authority.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1273 – Moment of annulment of adoption

1. An adoption shall be deemed annulled from the moment the decision on adoption is made.

2. As a result of the annulment of adoption the child’s personal and property rights and duties with respect to

his/her biological parents and blood relatives shall be restored.

3. If an adoption is annulled, by a court decision the child shall be placed in the custody of its parents or, if that is

not in the child’s interests, in the custody of a guardianship and custodianship authority.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Article 1274 – Involvement of a guardianship and custodianship authority in the adoption annulment hearing

In all cases a guardianship and custodianship authority shall take part in the adoption annulment proceedings.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 748 of 4 May 2017 – website, 24.5.2017

Section Three

Guardianship, Custodianship, and Support

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Chapter One

General Provisions

Article 1275 – Concepts of guardianship, custodianship and support

1. Guardianship and custodianship shall be established for upbringing a minor and protecting the personal and

property rights, and interests of the minor who is left without parental care because his/her parents have died,

have been deprived of parental rights, or their parental rights have been suspended or restricted, or they have

been declared missing, or because the child has been declared abandoned.

2. Guardianship and custodianship shall also be established for protecting the personal and property rights, and

interests of an adult who is unable to exercise his/her rights and to perform his/her duties independently because

of his/her health condition.

3. Support shall be established for a beneficiary of support.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1276 – Guardianship

Guardianship shall be established for a child who has not reached the age of seven.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1277 – Custodianship

1. Custodianship shall be established with respect to a minor from the age of seven to the age of eighteen.

Custodianship shall also established with respect to an adult person capable of contracting, at that person’s

request, if he/she is unable to independently exercise his/her rights and perform his/her duties because of his/her

health condition.

2. Article 16 shall apply accordingly.

Article 1277 1 – Support

A supporter shall be assigned to a beneficiary of support.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1278 – Guardianship and custodianship authorities

1. The central and local guardianship and custodianship authorities shall be the Ministry of Internally Displaced

Persons from the Occupied Territories , Labour, Health and Social Affairs of Georgia and/or an authorised agency

(organisation) within its system, as well as their territorial bodies.

2. The rules of operation for central and local guardianship and custodianship authorities shall be defined under

this Code, the Law of Georgia on Social Work and other legislative and subordinate normative acts of Georgia.

3. A guardianship and custodianship authority shall protect and strengthen beneficiaries of support, and help

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supporters perform their duties to assist beneficiaries of support in making a choice and a decision.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 2520 of 13 June 2018 – website, 29.6.2018

Law of Georgia No 3076 of 5 July 2018 – website 11.7.2018

Law of Georgia No 837 of 26 June 2025 – website, 3.7.2025

Article 1279 – Establishing guardianship and custodianship for children

Guardianship and custodianship may be established over a child when:

a) a court notifies a guardianship and custodianship authority of restriction or deprivation of the parental rights

and duties of both parents of the child;

b) the parental rights and duties have been suspended;

c) both parents of the child have died;

d) the guardian appointed for the child has died or has been deprived of his/her functions;

e) the court has declared the child abandoned;

f) the parent has been declared missing.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1280 – Assigning a supporter(s)

1. The court that has delivered a decision on declaring a person as a beneficiary of support shall, under the same

decision, assign a supporter (supporters); define the limits of support, and the rights and duties of the supporter

(supporters). The decision shall, not later than three days after it comes into legal force, be forwarded to a

guardianship and custodianship authority according to the place of residence of the beneficiary of support.

2. A family member, a relative, or a friend of a person, or an expert that meets the requirements established under

this Code may be assigned to be the supporter.

3. When selecting a supporter, the court takes into account his/her personal qualities, the ability of a supporter to

perform a duty imposed on him/her, the relationship between a supporter and a beneficiary of support, and the

interests and the will of a beneficiary of support, and, if a beneficiary of support is a minor, the recommendation

of his/her parent as well.

4. A person may be assigned to be the supporter only with his/her consent.

5. If a supporter cannot be selected among the persons referred to in paragraph 2 of this article, the court shall

assign an authorised person of a guardianship and custodianship authority to be the supporter; and if a beneficiary

of support is put in a specialised facility, the court shall assign a representative of the facility to be the supporter.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1281 – Appointing a guardian or custodian

1. Guardianship and custodianship authorities shall appoint a guardian or a custodian for discharging the duties of

a guardian or a custodian.

2. A guardian or a custodian may be appointed only with their consent.

3. A custodian for an adult person capable of contracting but unable to independently protect his/her rights and

perform his/her duties due to his/her health condition may be selected only with the consent of the ward.

4. A guardian or a custodian may be appointed according to the instructions given by the deceased parents based

on the document (will) certified by a notary.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 6989 of 1 5 July 2020 – website, 28.7.2020

Article 1282 – Procedure for appointing a guardian or a custodian

1. A guardian or a custodian shall be appointed not later than one month after the guardianship and custodianship

authority becomes aware of the necessity of establishing a guardianship or custodianship.

2. A guardian or a custodian shall be selected by taking into account his/her personal qualities, the ability to

perform assigned duties, the reciprocal relationship existing between him/her and the ward, the interests of the

ward, as well as the parent’s or testator’s wishes.

3. Until a guardian or a custodian is appointed, the guardianship or custodianship authority shall have the

respective legal obligations of a guardian or a custodian with respect to the ward.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

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Article 1283 – Persons who may not be appointed as guardians, custodians, or supporters

The following persons may not be appointed as guardians, custodians, or supporters:

a) persons who have not reached the age of eighteen;

b) persons who have been recognised as beneficiaries of support;

c) persons who have been deprived of, or restricted in their parental rights for avoiding the performance of

parental rights and duties;

d) persons who have been relieved of the duty of a guardian, custodian, or supporter for failing to properly

perform it.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1284 – (Deleted)

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1285 – (Deleted)

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1286 – Appointing a property guardian

1. A property guardian may be appointed, if necessary, to protect the property rights and interests of a child, if so

requested by:

a) the parents;

b) a testator who transfers his/her property to the child and designates a person, other than the parents, who is to

become the guardian of the property;

c) the guardian or custodian.

2. If the property is located far from the place of residence of the guardian or custodian or it is necessary to

appoint a guardian of the property, the guardianship and custodianship authority may appoint a

guardian/custodian of the property in addition to the guardian/custodian of the ward.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Chapter Two

Rights and Obligations of Guardians and Custodians

Article 1287 – Rights of guardians and custodians

Guardians and custodians may claim by judicial process, the return of children under guardianship and

custodianship from anyone who is holding the child without a legal basis.

Article 1288 – Providing guardianship and custodianship free of charge

The duties of a guardian and a custodian shall be performed free of charge.

Article 1289 – Duties of guardians, custodians and supporters

1. A guardian/custodian shall care for the maintenance of the ward, create the necessary living conditions for

him/her, provide care and medical treatment to him/her, and protect his/her rights and interests.

2. A supporter shall monitor the medical care provided to a beneficiary of support, identify his/her wishes/choices,

and assist him/her in taking an appropriate decision, which means to communicate the information necessary for

making a decision to the beneficiary of support in an understandable form. The supporter further shall, within the

time limit set by a guardianship and custodianship authority and which must not exceed six months, provide the

authority with information regarding the performance of duties assigned to him/her under the court decision. The

supporter shall include in the information the specifics of his/her provision of support.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1290 – Representative rights of guardians and custodians

A guardian and a custodian designated by a guardianship and custodianship authority and appointed as a legal

representative of a ward need not have any special authorisation to represent the ward’s rights and interests before

third persons, including in courts. (The normative content with regard to the representation by a guardian of a

person recognised as legally incapable by the court of the rights and interests of a ward in the relationship with

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third persons, including in a court, shall be invalidated) – Decision No 2/4/532,533 of the Constitutional Court of

Georgia of 8 October 2014 – website, 28.10.2014

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Decision No 2/4/532,533 of the Constitutional Court of Georgia of 8 October 2014 – website, 28.10.2014

Article 1291 – Duty to live together with a minor ward

1. A guardian and a custodian shall be obligated to live together with a minor ward. In individual cases, a

custodian and a ward may live apart with the permission of the guardianship and custodianship authority,

provided the authority concludes that their separate residence will not adversely affect the ward’s upbringing and

the protection of his/her rights and interests.

2. A guardian and a custodian shall be obligated to notify the guardianship and custodianship authority of a

change of residence.

3. The duty specified in paragraph 1 of this article shall not apply to the custodian of a legally capable adult, and to

the supporter of an adult, unless otherwise determined under court decision.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1292 – Duties of supporters in case of lack or change of the grounds for establishing support

A supporter shall immediately submit a petition to the court to change the scope of support or cancel the support

if the ground which was the basis for establishing support for a beneficiary of support ceases to exist or has been

changed, except when the beneficiary of support or the guardianship and custodianship authority has already

applied to the court.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1293 – Consent of guardians and custodians; participation of supporters in conclusion of transactions

1. A guardian shall be the legal representative of a ward, and shall enter into the necessary transactions in the

name and interests of the ward.

2. A minor from the age of seven to the age of eighteen shall enter into a transaction that he/she is not entitled by

law to enter independently with the consent of his/her custodian.

3. A supporter shall assist a beneficiary of support when he/she concludes a transaction to fully comprehend

conditions and legal consequences of the transaction if it is defined under a court decision.

4. If the court in exceptional cases finds that it is objectively impossible for a supporter to declare the intent of a

beneficiary of support for more than one month, and that the prohibition of making a decision instead of the

beneficiary of support can significantly prejudice him/her, the court shall empower the supporter to conclude

necessary transactions on behalf of the beneficiary of support and based on his/her interests.

Correction of mistake – The Parliament Gazette No 37-38, 10.9.1997, p. 21

Decision No 2/4/532,533 of the Constitutional Court of Georgia of 8 October 2014 – website, 28.10.2014

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1294 – Limiting the rights of guardians and custodians

Without the prior consent of a guardianship and custodianship authority, a guardian may not enter into

transactions on behalf of the ward and a custodian may not agree, on behalf of the ward, to enter into transactions

concerning alienation, pledging, renting out for more than ten years, gratuitous lending of property; issuance of

other debt instruments or bills of exchange, waiver of rights to which the ward is entitled, entry as a partner into

a business entity, borrowing, division of property or transactions that may result in the reduction of property.

Article 1295 – Procedure for alienating perishable property

Perishable goods or those intended for sale by their nature may be sold without the permission of a guardianship

and custodianship authority.

Article 1296 – Inadmissibility of making a gift on behalf of a ward

No gift contract may be entered into on behalf of a ward.

Article 1297 – Inadmissibility of representation by guardians and custodians

A guardian and a custodian, their spouses and close relatives may not enter into transactions with a ward or act as

representatives of the ward in transactions or legal proceedings between the ward and the spouses or close

relatives of a guardian or a custodian.

Article 1298 – Appealing the actions of guardians and custodians

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An interested person, including the ward, may appeal the actions of the guardian or custodian with the

guardianship and custodianship authority according to the place of residence of the ward.

Article 1299 – Relieving guardians and custodians of their duties

1. A guardianship and custodianship authority shall relieve guardians and custodians of their duties if the parental

rights of the parents of the child are fully reinstated or the child is placed in adoption.

2. Guardians and custodians may also be relieved of their duties at their personal request, provided the

guardianship and custodianship authority establishes that the request is based on a valid reason (illness, change in

material status, failure to get along with the ward, etc.).

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1300 – Consequences of improper performance of duties

1. If guardians or custodians improperly perform their duties, a guardianship and custodianship authority shall

remove or relieve them of their duties.

2. If a guardian (custodian) uses guardianship (custodianship) for mercenary ends or leaves a ward without

supervision or necessary assistance, he/she shall be held liable according to established procedures.

3. If a supporter unduly performs a duty imposed on him/her, a guardianship and custodianship authority shall

respond according to Article 1305 5 of this Code.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1301 – Relieving custodians/supporters of their duties as requested/required by wards/beneficiaries of

support

1. The custodian of an adult may be relieved of his/her duty at the request of the ward. In that case, a guardianship

and custodianship authority may assign another person to the ward as a custodian in agreement with the ward.

2. If a beneficiary of support wants to have a supporter relieved of his/her duty, he/she shall submit an appropriate

request to court. In this case, the court shall suspend the powers of the supporter before delivering the decision

and impose the performance of his/her duties on a specially authorised person of a guardianship and custodianship

authority (to whom the statutory rights and duties of the supporter apply).

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1302 – Grounds for termination of guardianship

1. Guardianship shall be terminated if:

a) a ward dies;

b) a minor ward reaches the age of seven;

c) parental rights and duties have been restored to the parent of a minor ward who has not reached the age of

seven;

d) (deleted – 20.3.2015, No 3339).

2. In the case provided for in paragraph 1 of this article, guardianship shall be terminated by decision of the

guardianship and custodianship authority.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1303 – Termination of guardianship by reason of reaching the age of custodianship

If a minor ward reaches the age of seven, the guardianship shall be terminated and the guardian shall become a

custodian without any special decision of the guardianship and custodianship authority.

Article 1304 – Grounds for termination of custodianship

1. Custodianship shall be terminated if:

a) the ward dies;

b) the minor ward comes of age;

c) the minor ward marries;

d) with respect to other wards – if the reason for which the custodianship was appointed ceases to exist.

2. In the case provided for in paragraph 1 of this article, the custodianship shall be terminated by decision of the

guardianship and custodianship authority.

Article 1304 1 – Grounds for terminating support

http://www.matsne.gov.ge 040.000.000.05.001.000.223

1. The support shall be terminated if:

a) the beneficiary of support dies;

b) the reason for which the support was established ceases to exist.

2. In the case provided for under paragraph 1(a) of this article, the support shall be terminated by decision of the

guardianship and custodianship authority; and in the case provided for under paragraph 1(b) of this article, it shall

be terminated by the court decision.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1305 – Appealing the matters of guardianship and custodianship in court

Any interested person may appeal in court the decision of a guardianship and custodianship authority on the

appointment, removal or relief of a guardian (custodian), as well as any other matters related to guardianship and

custodianship.

Chapter Three

Supervision of Activities of Guardians, Custodians, and supporters

Law of Georgia No 4870 of 21 June 2011 – website, 6.7.2011

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

1305 1 – Supervising activities of guardians, custodians, and supporters

1. A guardianship and custodianship authority shall supervise the activity of a guardian/custodian according to the

place of residence of a ward.

2. A guardianship and custodianship authority shall supervise the activity of a supporter according to the place of

residence of a beneficiary of support. The supervision aims to monitor the performance by the supporter of duties

defined for them under court decision and the legislation of Georgia, to assess the development of skills of a

beneficiary of support, and to respond appropriately.

3. A guardianship and custodianship authority shall, by way of scheduled check, verify compliance of actions

carried out by a supporter with the scope determined under court decision. The scheduled check is carried out as

frequently as it is provided for in Article 1305 2 (a) and (b) of this Code, by verifying any information received

regarding the failure by the supporter to perform his/her duties and through actual supervision.

4. A guardianship and custodianship authority shall supervise the performance of his/her duties by a supporter

during the implementation of a marriage contract concluded with a beneficiary of support.

5. The procedure and conditions for supervising the activity of guardians, custodians and supporters shall be

defined by this Code and the respective subordinate acts.

Law of Georgia No 4870 of 21 June 2011 – website, 6.7.2011

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

1305 2 – Frequency of exercising supervision over the performance of their duties by guardians, custodians and

supporters

A guardianship and custodianship authority shall exercise supervision over the performance of their duties by

guardians, custodians and supporters:

a) once in six months;

b) as frequently as defined by the court;

c) on its own initiative, in case of reciprocal necessity, when there is information as to the need for the

involvement of a guardianship and custodianship authority.

Law of Georgia No 4870 of 21 June 2011 – website, 6.7.2011

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

1305 3 – Actual supervision of the activity of supporters

1. A guardianship and custodianship authority shall, on the basis of information provided for in Article 1289(2) of

this Code, if necessary, on its own initiative, carry out an actual supervision of the activity of a supporter.

2. The form and extent of an actual supervision of the activity of a supporter are defined by the appropriate

subordinate acts.

Law of Georgia No 4870 of 21 June 2011 – website, 6.7.2011

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

1305 4 – Report of the supervision results

http://www.matsne.gov.ge 040.000.000.05.001.000.223

1. The results of the supervision exercised by a guardianship and custodianship authority shall be included in the

report of the supervision results ('the Report').

2. The Report may be either positive, or negative.

3. The Report shall be positive if, as a result of exercising any form of supervision, the guardianship and

custodianship authority ascertains that a guardian/custodian/supporter performs in good faith the duties defined

for him/her under court decision and/or the legislation of Georgia.

4. The Report shall be negative if, as a result of exercising any form of supervision, the guardianship and

custodianship authority ascertains that a guardian/custodian/supporter does not/cannot perform in good faith the

duties defined for him/her under court decision and/or the legislation of Georgia, or if certain deficiencies are

observed when providing support and a response as determined by Article 1305 5 of this Code is required.

5. Information on the Report shall be entered into the database referred to in Article 1305 6 of this Code.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

1305 5 – Response of a guardianship and custodianship authority to the failure to perform/unduly performance by

guardians/custodians/supporters of duties defined for them under court decision and/or the legislation of Georgia

If a guardianship and custodianship authority ascertains that a guardian/custodian/supporter fails to

perform/unduly perform the duties defined for him/her under court decision and/or the legislation of Georgia, or

violates the rights and legal interests of the ward/beneficiary of support, the guardianship and custodianship

authority shall prepare a negative report and act as follows:

a) if the performance of actions of a guardian/custodian/supporter is not sufficient for imposing administrative or

criminal liability:

a.a) it helps a guardian/custodian/supporter through a social worker to better understand and perform his/her

duties;

a.b) it relieves a guardian/custodian of his/her duties;

a.c) it submits a request to court to relieve a supporter of his/her duties. In this case, the court shall suspend the

powers of the supporter before delivering the decision and impose the performance of his/her duties on a specially

authorised person of the guardianship and custodianship authority (to whom the statutory rights and duties of the

supporter apply);

b) based on the performance of actions of a guardian/custodian/supporter, it acts in accordance with the rules

established by the Code of Administrative Offences of Georgia and the criminal legislation of Georgia.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

1305 6 – Database related to the supervision over guardians/custodians/supporters

1. A database shall be created to include the results of supervision over guardians/custodians/supporters.

2. The following shall be entered into the database:

a) information on establishing guardianship/custodianship;

b) information on the court decision to establish support;

c) personal data of wards/beneficiaries of support and of guardians/custodians/supporters;

d) information on relieving guardians/custodians/supporters of their duties, and imposing the liability on them;

e) information on terminating guardianship/custodianship/support;

f) information on exercising property rights by beneficiaries of support;

g) information on breaching marriage contracts concluded with beneficiary of supports;

h) information on beneficiaries of support put in inpatient facilities;

i) a short description of the supervision results;

j) other information related to wards/beneficiaries of support that are, by decision of a guardianship and

custodianship authority, important for exercising supervision of the activity of guardians/custodians/supporters.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Chapter Four

Rights of Return of and Access to Wrongfully Removed or Wrongfully Retained Children

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1305 7 – Definition of terms used in this chapter

For the purposes of this chapter, the terms used in the Chapter have the following meaning:

a) Convention – the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction;

http://www.matsne.gov.ge 040.000.000.05.001.000.223

b) Central Authority – a structural unit of the Ministry of Justice of Georgia;

c) child – a person under the age of 16;

d) applicant – a person or an authority filing in court a petition/claim for the exercise of rights of return of or

access to a wrongfully removed or wrongfully retained child;

e) guardianship rights – include the rights relating to the care of the child and the right to determine the child's

place of residence. For the purposes of this chapter, a person or a body shall be deemed to be providing

guardianship if the child habitually resided in Georgia or in any Contracting State of the Convention before being

wrongfully removed/retained and if the person or the body actually provided guardianship alone or they provided

guardianship jointly, according to the laws of Georgia or of the Contracting State of the Convention where the

child habitually lived before such removal/retention;

f) rights of access to the child – the rights involving any kind of communication with a child, including the right

to take a child for a limited period of time to a place other than the child's habitual residence;

g) wrongful removal of a child – breach of the rights of guardianship attributed to a person or a body alone, or to

them jointly, under the law of the state in which the child was habitually resident immediately before the

wrongful removal; and where those rights were actually exercised at the time of removal of the child, either alone

or jointly, and/or would have been so exercised if the child was not wrongfully removed; and, in addition, the

child was removed from this state to a Contracting State of the Convention without the permission of a person or

a body with guardianship rights and the child is not returned to the country upon the request of such person or

body;

h) wrongful retention of a child – breach of the rights of guardianship attributed to a person or a body alone, or to

them jointly, under the law of the state in which the child was habitually resident immediately before the

wrongful retention; and where those rights were actually exercised at the time of retention of the child, either

alone or jointly, and/or would have been so exercised if the child was not wrongfully retained; and, in addition,

the child was removed from this state to a Contracting State of the Convention for a specific period of time with

the permission of a person or a body with guardianship rights, but the child is not returned to the country of

habitual residence after the expiry of this period, despite the request of such person or body.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 6053 of 10 June 2020 – website, 19.6.2020

Article 1305 8 – Exercising the rights of return of and access to wrongfully removed/retained children

1. A person or a body claiming under the legislation of Georgia a guardianship right to a child who has been

wrongfully removed from Georgia to any Contracting State of the Convention or wrongfully retained in the

territory of any Contracting State of the Convention, may request the Central Authority to transmit to the central

authority of the Contracting State of the Convention, where the child has been wrongfully removed/in the

territory of which the child has been retained, their application for the return of the child.

2. A person or a body claiming that he/she/it has the right to access a child who is wrongfully staying in the

territory of a Contracting State of the Convention may request the Central Authority to transmit to the central

authority of the Contracting State of the Convention in the territory of which the child is staying their application

for securing the exercise of the rights of access.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 6053 of 10 June 2020 – website, 19.6.2020

Article 1305 9 – Exercising the rights of return of and access to children who are in the territory of Georgia

1. A person or a body claiming a guardianship right to a child who has wrongfully entered the territory of Georgia

from a Contracting State of the Convention or is wrongfully staying in Georgia, may file with the Central

Authority or a court an application/claim for exercising the right to return the child.

2. A person or a body claiming that he/she/it has the right to access a child who is staying in the territory of

Georgia, may file with the Central Authority or a court an application/claim for exercising the right to access the

child.

3. The Referral and Enforcement Procedures on Exercising the Rights of Return of Wrongfully Removed or

Wrongfully Retained Children or Access to Children shall be approved by the Government of Georgia.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 6053 of 10 June 2020 – website, 19.6.2020

Official source and text version

Official Georgian title: საქართველოს სამოქალაქო კოდექსი

Jurisdiction: Georgia

Official document on Matsne

Adoption date: 1997-06-26

The text on LIDA.ge is an unofficial translation. Consult Matsne for the official document.

This text has not been independently matched to a specific official version. Check the relevant version on Matsne before relying on it.