Instead of legislation, Georgia relies on a history of favorable court rulings to support the rights of intended parents and surrogates. Because there is no "Surrogacy Act" to fall back on, the contract you sign is the single most important safety net.
Your agreement effectively functions as the law for your partnership. It fills the legal void, establishing the rules for parentage, financial compensation, medical conduct, and more. Whether you are an intended parent securing your rights or a surrogate protecting your time and body, your surrogacy contract provides the necessary clarity.
This guide explores the essential components of surrogacy contracts in Georgia so you can navigate this legal landscape with confidence. If you are ready to start with a team that prioritizes your legal security, and has a proven track record of success, American Surrogacy is here for you.
What Should Be Included in a Surrogacy Contract?
Your surrogacy contract, or gestational carrier agreement, is the definitive rulebook for your partnership created to protect all parties involved. Since Georgia does not provide a default set of regulations, this document must be comprehensive to manage every potential scenario and ensure appropriate rights, obligations, and expectations. It guides every interaction between the intended parents and the surrogate, from the first medical appointment to the finalization of the birth certificate.
A well-drafted contract does more than list dollar amounts. To provide total security, it addresses these core areas:
- Financial Terms: This section explicitly lists the base compensation, the schedule of milestone payments, and caps on reimbursements for variable expenses like travel, maternity clothing, and lost wages.
- Social Expectations: It outlines communication preferences, such as how often you will text or video chat, and sets clear expectations regarding the intended parents' attendance at prenatal appointments.
- Birth Plan: It details the hospital experience, specifying who is allowed in the delivery room, who will cut the cord, and who will hold the baby first.
- Medical Decisions: Transfers, medications, termination, and more. All medical aspects of the surrogacy are included to provide complete clarity and understanding from all parties.
- Lifestyle Choices: The goal is a healthy pregnancy. Certain choices like smoking, drinking, and even some travel can put that goal at risk. Determining epectations helps avoid any issues later in the pregnancy.
- Health and Life Insurance Expectations: This helps establish the amount of coverage, who is responsible for providing the insurance, and more.
- Legal Parentage: It confirms that the intended parents are the sole legal parents and that the surrogate relinquishes any rights. This language is critical because it forms the basis for the pre-birth order process in Georgia courts.
By clarifying these topics early, you build a relationship based on trust rather than legal ambiguity.
Legal Clearance: The Final Step before Transfer
You cannot transition from the "matching" phase to the "pregnancy" phase without legal clearance. This formal milestone verifies that the contract is fully executed and that all necessary legal steps have been taken. It gives the fertility clinic permission to start the medical procedures for the embryo transfer.
Agencies manage this timeline, moving the legal process for parents from the initial draft to the final clearance letter. The path to legal clearance follows a structured process:
Step 1. Drafting: The intended parents’ attorney prepares the initial contract based on the specific terms agreed upon during the matching phase.
Step 2. Independent Review: The surrogate reviews this document with her own independent attorney.
Step 3. Negotiation: The attorneys collaborate to refine the language so both sides are comfortable with clauses regarding compensation, insurance, and medical contingencies.
Step 4. Finalization: Once the terms are settled, all parties sign the agreement.
Step 5. Clearance: The attorneys issue a clearance letter to the clinic, signaling that the medical process can begin.
Navigating this workflow efficiently allows the medical process to begin without missed steps.
Can Surrogacy Contracts Be Enforced in Georgia?
Yes. Even though Georgia does not have a specific surrogacy statute, the courts routinely enforce these contracts. The judicial system views these agreements as valid, provided they are entered into voluntarily and with proper legal representation.
The "intent" of the parties is the guiding principle in Georgia law. The contract provides proof of that intent. Because the courts are favorable—as seen in the precedents established under Georgia surrogacy laws—judges generally uphold provisions establishing intended parents as the legal parents from the moment of birth. This applies to married couples, single parents, and often unmarried couples.
For surrogates, this judicial support guarantees that the financial terms of the contract are enforceable. It protects her right to the compensation she was promised and confirms she is not left liable for medical bills related to the pregnancy.
What Happens if a Surrogacy Contract Is Breached?
Breaches are rare in professionally managed cases, but a responsible contract must still address the possibility. The agreement outlines specific remedies for various types of violations to resolve issues fairly.
- Parental Breach: If intended parents breach the contract—typically by failing to make a scheduled payment—the surrogate has legal recourse to recover those funds. However, the parents cannot simply "quit" the surrogacy; the contract establishes them as the parents, and they remain responsible for the child regardless of financial disputes.
- Surrogate Breach: If a surrogate breaches a non-medical term, such as smoking or traveling to a restricted area, the contract usually creates financial consequences. This might involve a reduction in compensation or reimbursement for costs incurred due to the breach.
Courts will not force specific performance for medical procedures. While courts protect bodily autonomy, navigating the legal considerations for parents in these scenarios involves enforcing financial penalties rather than forcing medical compliance, such as a C-section or abortion.
Fair Surrogacy Compensation in Georgia and Payment Structure
Compensation acknowledges the surrogate's time, physical effort, and the restrictions placed on her daily life. A well-structured contract keeps this compensation fair, timely, and secure.
The financial package generally divides into predictable categories. Establishing a clear payment schedule is essential, and reviewing a breakdown of how much surrogates make in Georgia can help parties agree on fair terms.
- Base Compensation: This is the primary fee for carrying the pregnancy, paid in monthly installments typically beginning after the confirmation of a fetal heartbeat.
- Monthly Allowance: A stipend covers miscellaneous costs like prenatal vitamins, parking, and gas, so the surrogate isn’t out-of-pocket for small, daily expenses.
- Milestone Bonuses: Payments for specific medical events, such as the start of injectable medications or the embryo transfer procedure.
- Lost Wages: Provisions protecting the surrogate’s household income if she is ordered on bed rest or must miss work for medical appointments.
To provide security, contracts require the intended parents to fund an escrow account before the process begins. An independent escrow agent manages these funds and pays the surrogate according to the contract schedule.
Medical Decisions and Control During Pregnancy
Balancing the intended parents' desire for involvement with the surrogate's bodily autonomy is one of the contract's most important jobs. The agreement establishes a decision-making framework that respects both parties while prioritizing the health of the baby.
Legally, the surrogate always retains the right to make decisions about her own body. However, the contract includes her commitment to follow the medical advice of the IVF physician and obstetrician. Defining these legal rights in surrogacy early on prevents confusion, allowing parents access to medical records while respecting the surrogate's autonomy.
The contract generally requires:
- Taking prescribed medications.
- Attending all scheduled prenatal appointments.
- Adhering to health guidelines.
Additionally, the parties will agree beforehand on protocols for invasive procedures like amniocentesis.
Termination and Selective Reduction Clauses
Termination and selective reduction are deeply personal topics, and the contract prevents anyone from being caught off guard by these decisions.
- Selective Reduction: Typically refers to reducing a high-order multiple pregnancy (like triplets) to a safer number.
- Termination: Refers to ending a pregnancy due to severe genetic or physical abnormalities.
The contract clearly states the intended parents' wishes regarding these scenarios. It is essential that the surrogate shares these values before matching. If the parents would choose to terminate for a specific medical condition, they must be matched with a surrogate who would be willing to undergo that procedure.
If a conflict arises—such as the surrogate refusing a termination requested by the parents—the contract outlines the financial consequences, but it will never authorize forced medical compliance. Since Georgia law treats these agreements as contracts, understanding the specific Georgia legal considerations around termination is vital for drafting enforceable clauses.
Lifestyle Clauses: Travel, Diet, and Daily Life Considerations
Since intended parents often cannot be present for the daily reality of the pregnancy, the contract uses "lifestyle clauses" to provide safety standards. These minimize risk without being overly controlling.
Common provisions in Georgia contracts include:
- Travel Restrictions: Limiting travel during the late stages of pregnancy so the birth happens at the chosen hospital in Georgia, and restricting travel to disease-prone areas.
- Dietary Guidelines: Following standard prenatal advice, such as avoiding high-mercury fish or unpasteurized foods.
- Substance Prohibitions: A strict ban on alcohol, tobacco, and non-prescribed drugs to protect fetal health.
- Environmental Safety: Guidelines to avoid hazards like harsh chemicals or changing cat litter to prevent toxoplasmosis.
These restrictions are often tied to the compensation package, as detailed in guides regarding how much surrogates make in Georgia, to confirm the surrogate is fairly reimbursed for the adjustments she makes to her daily life. These clauses help build trust, knowing that the pregnancy is being cared for with the highest standards.
Delivery Plans and Post-Birth Expectations
The birth is the celebration everyone works toward. The contract helps make it a joyous occasion by planning the details in advance. The birth plan section acts as a script for the hospital stay, reducing stress for everyone involved.
It confirms that the intended parents will be present in the delivery room to witness the birth, barring any emergency medical restrictions. It also outlines preferences for the immediate moments after birth, such as who cuts the cord and who holds the baby first.
Establishing these plans aligns with the process of obtaining pre-birth orders, which simplifies the administrative side of the delivery by confirming parentage before the baby arrives.
The contract also supports the surrogate’s recovery. If a C-section is required, she is compensated for the additional recovery time and provided with support for tasks like housekeeping or childcare. If breast milk pumping is agreed upon, those terms are also formalized here. Because Georgia law relies on parentage presumptions found in O.C.G.A. § 19-7-21 (which addresses artificial insemination), the contract must be explicitly clear to overcome any potential presumptions that could complicate the birth certificate process.
Insurance Requirements for Surrogacy Journeys
Medical costs can be significant, so the contract puts a comprehensive insurance safety net in place. You cannot proceed without verifying that the pregnancy and delivery will be covered.
The process typically involves:
- Health Insurance Review: A professional review of the surrogate’s health insurance to confirm it covers a gestational surrogacy pregnancy. If her policy has an exclusion for surrogacy, the intended parents must purchase a specific policy.
- Life Insurance: A term life policy purchased by the parents to protect the surrogate’s family.
- Disability Insurance: Coverage to replace the surrogate’s income if a complication prevents her from working for an extended period.
If you need a policy, the intended parents must purchase a specific surrogacy-maternity insurance policy for her. Additionally, you should check states that mandate IVF coverage to see if any costs might be covered by the intended parents' insurance, which is increasingly relevant as Georgia continues to debate fertility coverage legislation.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
While you can legally sign an independent surrogacy contract in Georgia, doing so without agency support removes a critical layer of protection. Independent journeys require you to vet your own professionals and manage the relationship dynamics without a neutral third party.
Agencies like American Surrogacy act as a safeguard by providing:
- Professional Vetting: Pre-screening every candidate so you match with someone who is safe, committed, and legally qualified.
- Financial Management: We handle the complex logistics of verifying coverage or securing surrogacy insurance for intended parents, so financial liability never becomes a point of tension.
- Mediation Support: Offering a neutral third party to facilitate communication if a disagreement arises over contract terms or expectations.
Your contract is the foundation of your family’s future. It deserves to be built with expertise and care. Navigating surrogacy contracts in Georgia is the most vital step in securing your process. At American Surrogacy, we provide the clarity and security you need to move forward with total confidence.
Are you ready to build your family with a partner you can trust? Get more Georgia surrogacy info today and let us handle the details so you can focus on the dream.