Georgia permits gestational and traditional surrogacy. No statutes or case law prohibit them.
Can a parentage order be obtained for the following?
Although traditional surrogacy is not prohibited in Georgia, it may be necessary to secure parental rights through a stepparent adoption after the birth of the child. Moreover, many attorneys and agencies advise against it due to the increased legal risks involved because a traditional surrogate legally can’t be forced to give up her parental rights.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
Donors of sperm or egg who have entered into valid donor agreements for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child in Georgia on the basis of several statutes. A 1964 statute states that a child born to a married couple after artificial insemination by a physician is the child of the husband. As per Georgia Statute § 19-8-41, this also applies to a child born from an embryo donation; any resulting child is legally the child of the Intended Parents.
Medical and legal steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Although there’s no statute or case law addressing surrogacy contracts, surrogacy contracts are legal and enforceable in Georgia.
Independent counsel is recommended, but not required by statute, for all parties involved in a surrogacy agreement.
Most counties will issue pre- and post-birth orders, but some may require different procedures and documentation. Hearings are usually required for parentage orders, but judges may allow parties to appear remotely if they aren’t local.
International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
The Law Office of Lori M. Surmay
PO Box 98403
Atlanta, GA 30359
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019