Obtaining the Status of a Single Parent

The present article addresses the rules and conditions for obtaining the status of a single parent. To make it easier for the reader to comprehend, the article is structured in a question-and-answer format;

Question 1: Which legislative acts determine the rules and conditions for obtaining the status of a single parent?
Answer 1: Article 1191.1 of the Civil Code of Georgia, "Single Parent," and the Joint Order of the Minister of Justice of Georgia and the Minister of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs of Georgia No. 79/No. 01-18/n "On the Approval of the Rules for Determining the Status of a Single Parent and Maintaining Data on the Respective Persons."
Question 2: Who can be a person with the status of a single parent?
Answer 2: A single parent can be a person holding the status of a single mother and/or a single father.
Question 3: Who is considered a single mother?
Answer 3: A single mother is considered to be a person who has a child under the age of 18 out of wedlock (i.e., without registration of marriage) and whose child's birth record does not contain data about the father. Also, a single mother is considered to be a person who has adopted a child under the age of 18 and is not in a registered marriage. Thus, in order for a mother to obtain the status of a single mother, the law highlights two mandatory conditions:
The person must not be in a registered marriage;
Data about the father must not be indicated in the birth certificate.
Question 4: Who is considered a single father?
Answer 4: A single father is a person who has a child under the age of 18 out of wedlock and whose child's birth record does not contain data about the mother. Also, a single father is considered to be a person who has adopted a child under the age of 18 and is not in a registered marriage. Thus, in order for a father to obtain the status of a single father, the law highlights two mandatory conditions:
The person must not be in a registered marriage;
Data about the mother must not be indicated in the birth certificate (whether data about the mother can be unknown, except in cases of abandonment, is a subject for another discussion);

Question 5: On what grounds can the status of a single mother (single parent) be revoked?
Answer 5: The grounds for revoking the status of a single parent include the entry (registration) of information about the second parent in the birth certificate, the child (or adopted child) reaching the age of 18, as well as any other circumstance that precludes the existence of the single parent status (other circumstances will be briefly discussed below);
Question 6: Does the single parent status apply to widows/widowers?
Answer 6: As of today, the status of a single parent does not apply to a widowed parent.
Question 7: What social guarantees does a parent with the status of a single parent have?
Answer 7: Unfortunately, as of today, these guarantees are not unified within a single legal framework. However, the most important of these guarantees is the exemption of a single mother from income tax on up to 3,000 GEL per year based on the Tax Code of Georgia. This means that upon receiving an income of 3,000 GEL during the year, a single mother does not pay the 20% tax, while income exceeding 3,000 GEL is subject to regular income tax (Article 82, paragraph 2, subparagraph "a": income tax does not apply to "taxable income up to 3,000 GEL received during the calendar year by the following individuals," subparagraph "a.g" – the income of a single mother). Unfortunately, the law does not specify whether this exemption applies to a single father, which constitutes a discriminatory approach.
Question 8: On what basis is the single parent status determined?
Answer 8: The status of a single parent is determined on the basis of the Joint Order of the Minister of Justice of Georgia and the Minister of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs of Georgia No. 79/No. 01-18/n "On the Approval of the Rules for Determining the Status of a Single Parent and Maintaining Data on the Respective Persons."
Question 9: Is the status of a single mother or father granted to a person whose child was born abroad and not in Georgia?
Answer 9: No, the child's birth must absolutely be registered in Georgia.
Question 10: If a mother or father indicates the data of the mother or father, is the single parent status granted in such a case?
Answer 10: The rule indicates that it is possible for the data to be indicated by the mother or father; the presence of the mother's or father's data in the child's birth record, as well as whether the adoptive parent is recorded as a parent, does not constitute a hindrance to establishing the status;

Question 11: Who has the right to submit an application for obtaining the single parent status?
Answer 11: The person seeking the status from the age of 16; one of the legal representatives of the person seeking the status if under 18; a recipient of support with the consent of the supporter (unless otherwise determined by a court decision); an authorized representative; the guardianship and curatorship body, if the person is under guardianship and curatorship.
Question 12: What documents must be submitted to obtain the single parent status?
Answer 12: An identity document; the birth certificate of the child (children); the birth certificate of the person seeking the status if the status seeker is a minor and the application is submitted by a legal representative; an enforced court decision if the status seeker is a recipient of support; other documents necessary for establishing the status (this applies to foreign citizens born abroad, etc.);
Question 13: Is an interview conducted?
Answer 13: If necessary, an interview is conducted by the authorized person(s) of the territorial service reviewing the application for the establishment of the status. A protocol of the interview is drawn up.
Question 14: Within what time frame is the decision regarding the single parent status made?
Answer 14: The application for establishing the status is reviewed, and a decision is made on the 30th day from the submission of the application (an exception applies if additional documents are being sought, which may extend the period for no more than 6 months).
Question 15: In what cases can the application be left without consideration or the proceedings be terminated?
Answer 15: The application will be left without consideration if: the status seeker evades appearing for the interview and/or fails to perform the requested actions; the service has not received the document (information) necessary for making a decision before the completion of the proceedings; the status seeker requested the application to be left without consideration. The proceedings will be terminated if: the status seeker dies; the child dies; a court decision declaring the status seeker and/or the child dead or missing enters into legal force;

Question 16: On what grounds can the single parent status be revoked?
Answer 16: The status seeker is married; the adoption of the child has been declared invalid; the child has reached the age of 18; the second parent of the child has been established or the child has been adopted by someone else; data about the child's father has been found; the status seeker is no longer a citizen of Georgia or a stateless person holding status in Georgia; the status seeker has been deprived of parental rights or submitted forged documents or incorrect information regarding circumstances crucial for establishing the status.
Question 17: How is a decision to leave an application without consideration, a refusal, or a revocation of the status appealed?
Answer 17: The adopted decision may be appealed to the Agency in the manner prescribed by law within 1 month from the date of familiarization with the decision. Subsequently, the Agency's decision may be appealed in court in accordance with the rules established by law.
Question 18: Which agency ensures the maintenance of the registry and the processing of applications?
Answer 18: Decisions regarding the aforementioned issues are made by the Legal Entity of Public Law operating within the governance of the Ministry of Justice of Georgia – the Public Service Development Agency (Public Service Hall) and/or its territorial services;