Georgia

Surrogacy Law in Georgia

Georgia Surrogacy Law: Types of Surrogacy

Georgia has no defined surrogacy laws. Therefore, in Georgia, gestational surrogacy is permitted because no statute or prior case law prohibits it.

Similarly, traditional (genetic) surrogacy in Georgia is permitted because no laws expressly prohibit it.

Are There Surrogate Requirements in Georgia?

No specific legal requirements exist to serve as a gestational surrogate in the state of Georgia.

Does Georgia Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Georgia do grant pre-birth orders to intended parents, easing their path to being designated legal parents.

For pre-birth orders, the conditions under which intended parents can be declared legal parents to the child are listed below:

Yes

Married couples, using their own egg and own sperm
Unmarried couples, using their own egg and own sperm*
Married couples, using an egg or sperm donor
Unmarried couple using an egg or sperm donor
Same sex couples, using a sperm or egg donor*
Single parent using own egg or sperm

*Careful documentation of your rights to the embryo are required for the parentage order to be issued.

No

For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:

Yes

Married couples
Unmarried couples
Married same sex couples
Unmarried same sex couples
Single parent

No

Whose names go on the birth certificate in Georgia?

Intended parents are listed with the designation “parent and parent.”

Surrogacy Conditions for Same-Sex Couples in Georgia

Conditions are favorable for same-sex couple to use a surrogate in Georgia.  Same-Sex couples are treated the same as heterosexual couples under the statute and they can be married or unmarried and use their own genetics and/or donors.

Are There Options for Unmarried Intended Parents in the state of Georgia?

Yes, marriage is not a requirement so unmarried couples are treated the same as married couples.

Egg Donation Law

A statute from 1964 dictates that when a child is born to a couple as a result of artificial insemination, the husband is recognized as the father. Further, Georgia Statute § 19-8-41 dictates that when a child is born of an embryo donation, the resulting child is presumed to be the intended parents. That is to say, the embryo donors have no rights to the resulting child.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Georgia*

Alyson Lembeck
Ellis Funk, P.C.
One Securities Centre
3490 Piedmont Road, Suite 400
Atlanta, Georgia 30305
Phone: 404.233.2800
Fax: 404.233.2188

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* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.