საქართველოს კანონი ოჯახური ღირებულებებისა და არასრულწლოვანის დაცვის შესახებ

საქართველოს კანონი ოჯახური ღირებულებებისა და არასრულწლოვანის დაცვის შესახებ
დოკუმენტის ნომერი 4437-XVIმს-Xმპ
დოკუმენტის მიმღები საქართველოს პარლამენტი
მიღების თარიღი 17/09/2024
დოკუმენტის ტიპი საქართველოს კანონი
გამოქვეყნების წყარო, თარიღი ვებგვერდი, 03/10/2024
სარეგისტრაციო კოდი 040200010.05.001.102379
4437-XVIმს-Xმპ
17/09/2024
ვებგვერდი, 03/10/2024
040200010.05.001.102379
საქართველოს კანონი ოჯახური ღირებულებებისა და არასრულწლოვანის დაცვის შესახებ
საქართველოს პარლამენტი

 

LAW OF GEORGIA

ON THE PROTECTION OF FAMILY VALUES AND MINORS

 

Article 1. Purpose of the Law

The purpose of this Law is to facilitate the mechanisms for the protection of the values of a family founded on the union between a man and a woman, and those for the protection of a minor.

 

Article 2. Definition of terms

The terms used in this Law have the following meanings:

a) woman − a female person identified as such according to hereditary genetic characteristics;

b) man − a male person identified as such according to hereditary genetic characteristics;

c) biological sex − a sex identified on the basis of hereditary genetic characteristics.

 

Article 3. Definition of the term ‘popularisation’

1. The relevant information/action referred to in this Law shall be considered as information/action aimed at popularising a person’s assignment to neither biological sex, and/or a sex different from his/her biological sex, or a relationship between representatives of the same biological sex with an expressed sexual orientation, or incest, if, in the opinion of an impartial observer, the mentioned information/action serves to demonstrate that a person’s assignment to neither biological sex, and/or his/her assignment to a sex different from his/her biological sex, a relationship between representatives of the same biological sex with an expressed sexual orientation, or incest, is a positive and exemplary action.

2. When assessing the information/ action specified in paragraph 1 of this article, the content, form and type of the said information/action, the form, method and time of its dissemination (delivery)/implementation, the space where it was disseminated (delivered)/implemented, the situation in which it was disseminated (delivered)/implemented, and the persons in relation to whom such information was disseminated and the action implemented, shall be taken into account.

 

Article 4. Marriage

1. Marriage is a voluntary union between a man and a woman for the purposes of founding a family that meets the requirements established by the legislation of Georgia. It shall be forbidden to register a union between representatives of the same biological sex as marriage and/or to recognise such union as marriage by a legal act. The union between representatives of the same biological sex registered and/or recognised as marriage abroad shall have no legal force in Georgia.

2. It shall be forbidden to register and/or recognise an alternative union as marriage by a legal act. Such union registered and/or recognised abroad shall have no legal force in Georgia.

 

Article 5. Adoption of a minor and foster care

1. It shall be forbidden for a person to adopt a minor if that person does not assign himself/herself to any biological sex, or assigns himself/herself to a sex different from his/her biological sex, and/or whose sexual orientation does not belong to the category of heterosexuality.

2. It shall be forbidden to give a minor for foster care to a person who does not assign himself/herself to any biological sex, or assigns himself/herself to a sex different from his/her biological sex, and/or whose sexual orientation does not belong to the category of heterosexuality.

 

Article 6. Use of medical manipulation

It shall be forbidden to perform surgery on a person or use any other type of medical manipulation with regard to such person in order to assign him/her to a sex different from his/her biological sex.

 

Article 7. Indication of a sex in a document issued by the State of Georgia

1. During the process of civil status registration, it shall be forbidden to indicate in the civil status record a person’s sex that is different from his/her biological sex. It shall be forbidden to indicate a person’s sex that is different from his/her biological sex by making changes and/or additions to the civil status record. Any exceptions to these restrictions related to relevant legal relations arising before the entry into force of this Law shall be determined by the Law of Georgia on Civil Status Acts.

2. In an ID card of a citizen of Georgia or in another document stipulated by the Law of Georgia on the Procedure for Registering Citizens of Georgia and Aliens Residing in Georgia, for Issuing an Identity (Residence) Card and a Passport of a Citizen of Georgia, it shall be forbidden to indicate a person’s sex that is different from his/her biological sex. Any exceptions to this restriction related to the relevant legal relations arising before the entry into force of this Law shall be determined by the law of Georgia on the Procedure for Registering Citizens of Georgia and Aliens Residing in Georgia, for Issuing an Identity (Residence) Card and a Passport of a Citizen of Georgia.

3. In a document issued by the State of Georgia that is different from those provided for by paragraphs 1 and 2 of this article, only the biological sex of a person that is specified in any of the documents provided for by the said paragraphs shall be indicated, and in the absence of such document, the biological sex that is indicated in other relevant documents determining the person’s identity shall be indicated.

4. The common courts of Georgia shall be forbidden from granting such claim and/or recognising such decision of a court of a foreign country which implies the assigning of a person to neither biological sex and/or to a sex different from his/her biological sex.

 

Article 8. Education

It shall be forbidden to include such information in the mentoring and/or educational programme of early learning and educational institutions, in the mentoring and/or educational programme of preschool mentoring and educational institutions, educational programmes of general educational institutions/schools, vocational educational institutions/colleges or higher educational institutions, and/or to disseminate such information or facilitate the dissemination of such information by employees of the said institutions within the scope of the activities of the said institutions and/or in the territory of the same institutions, which is aimed at popularising a person’s assignment to neither biological sex, and/or a sex that is different from his/her biological sex, a relationship between representatives of the same biological sex with an expressed sexual orientation, or incest.

 

Article 9. Dissemination of information

1. A broadcaster shall be forbidden to broadcast on the air such information which is aimed at popularising a person’s assignment to neither biological sex, and/or a sex that is different from his/her biological sex, a relationship between representatives of the same biological sex with an expressed sexual orientation, or incest. Such restriction in relation to the placement of a creative work on the air by a broadcaster shall only imply the inadmissibility of broadcasting a scene describing intimacies between the representatives of the same biological sex expressly showing their sexual orientation, or incest. The broadcaster shall not be held responsible for a violation of the restriction established by this paragraph provided that it did not exercise actual control over the dissemination of the relevant information.

2. It shall be forbidden to provide (share) such information (including creative work) and/or provide access to such information (including to creative work) through direct communication with a minor, which is aimed at popularising a person’s assignment to neither biological sex, and/or a sex that is different from his/her biological sex, a relationship between representatives of the same biological sex with an expressed sexual orientation, or incest. Ensuring access to the information provided for by this paragraph through direct communication with the minor shall imply a case where an entity allows the entry of the minor into the territory where such information is disseminated verbally, through audio and/or visual means, provided that such entity had the right and reasonable chance to restrict the entry of the minor into such territory.

3. It shall be forbidden to disseminate an advertisement which is aimed at popularising a person’s assignment to neither biological sex, and/or a sex that is different from his/her biological sex, a relationship between representatives of the same biological sex with an expressed sexual orientation, or incest. An entity shall not be held responsible for a violation of this restriction if it did not exercise actual control over the dissemination of the relevant advertisement.

 

Article 10. Public assembly or manifestation

It shall be forbidden to hold public assemblies and/or manifestations, which are aimed at popularising a person’s assignment to neither biological sex, and/or a sex that is different from his/her biological sex, a relationship between representatives of the same biological sex with an expressed sexual orientation, or incest.

 

Article 11. The use of words implying biological sex in the context of labour relations

Any part of an obligation imposed within the framework of labour relations, or any instruction issued within the framework of labour relations, and/or any agreement concluded within the framework of labour relations, which implies the refraining from using any word or combination of words due to implications of biological sex, shall be void.

 

Article 12. Day of sanctity of family and respect for parents

The 17th of May shall be determined as the day of sanctity of family and respect for parents.

 

Article 13. Responsibility

Any violation of the requirements established by this Law shall lead to the imposition of penalties as provided for by law.

 

Article 14. Entry into force of this Law

This Law shall enter into force on the 60th day after its promulgation.

 

 

Chairperson of the Parliament of Georgia                   Shalva Papuashvili

 

 

Tbilisi,

17 September 2024

No 4437-XVI მს -X მპ