STATE SURROGACY LAW:

Georgia Surrogacy Laws

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Overview

Georgia permits gestational and traditional surrogacy. No statutes or case law prohibit them.

Types of Surrogacy Available in Georgia

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.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

YES

Altruistic surrogacy

YES

Parentage

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.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.

Rights of Egg or Sperm Donor(s)

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.

Surrogacy Steps in Georgia

Surrogacy Process in Georgia

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Proceedings begin after first trimester

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

VARIES

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.

Court Processes

Surrogacy Contracts

Although there’s no statute or case law addressing surrogacy contracts, surrogacy contracts are legal and enforceable in Georgia.

Independent Counsel

Independent counsel is recommended, but not required by statute, for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Georgia has no statutory requirements that must be met for surrogates to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

YES

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.

Bases of Venue

What are the bases of venue?

County where Georgia Vital Records is based; county where the child is born; county where the Intended Parent(s) live; county where the gestational carrier lives; county where medical procedures for surrogacy take place

Do rulings vary by venue?

YES

Can you file a motion to waive venue?

YES

International Issues

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.

Residency Requirements

Does the state impose residency requirements on either the surrogate or Intended Parent(s):

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

YES

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

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.

Consulting Attorneys

Lori Surmay
The Law Office of Lori M. Surmay
PO Box 98403
Atlanta, GA 30359
678-883-8893
lori@atlbabylaw.com
www.AtlBabyLaw.com

Legal Disclaimer

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