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.
No specific legal requirements exist to serve as a gestational surrogate in the state of Georgia.
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:
*Careful documentation of your rights to the embryo are required for the parentage order to be issued.
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
Intended parents are listed with the designation “parent and parent.”
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.
Yes, marriage is not a requirement so unmarried couples are treated the same as married couples.
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.
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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