What You Need to Know About Surrogacy in Georgia

What You Need to Know About Surrogacy in Georgia

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Georgia Surrogacy Laws and Information

Often, when people consider pursuing surrogacy in Georgia, they are initially put off by the fact that there are no surrogacy laws in Georgia. Knowing this, they wonder if surrogacy in Georgia is even a safe family-building process for them to pursue.

Despite the lack of surrogacy laws in Georgia, the process of surrogacy in this state is a safe, legal and practical way for many to build their families. With the assistance of experienced surrogacy professionals through every step of the process, surrogacy in Georgia can be achieved for both intended parents and prospective surrogates.

As always, it’s important to speak with a surrogacy attorney experienced in a state’s surrogacy laws before committing to a surrogacy journey anywhere in the United States. You can find a list of Georgia surrogacy attorneys here provided by the Academy of Adoption and Assisted Reproductive Technology Attorneys, or the surrogacy specialists at American Surrogacy can refer you to a proper surrogacy lawyer in Georgia to learn more.

In the meantime, you can find answers to some of the most commonly asked questions about surrogacy in Georgia below.

Q: Is surrogacy legal in Georgia?

A: While there are no surrogacy laws in Georgia, the courts are generally favorable toward the surrogacy process. Surrogacy attorneys in Georgia have created a legal process to protect intended parents and surrogates, so surrogacy is legal in Georgia and can be completed in a safe manner.

Q: Is compensated surrogacy legal in Georgia?

A: Surrogacy is treated as a contract in the eyes of the law so, if a surrogacy contract involves surrogate compensation, it is a legal addendum for intended parents and surrogates. This also means there is no restriction or regulation on how much a surrogate can be paid in Georgia.

Q: Is traditional surrogacy legal in Georgia?

A: Because there are no surrogacy laws in Georgia that prohibit it, traditional surrogacy is legal in this state.

Q: What does a surrogacy agreement in Georgia cover, and how does the legal process work?

A: Once both parties are matched in a Georgia surrogacy and necessary screening has been completed, each party will be represented by a surrogacy attorney for the drafting of the legal contract. These attorneys will negotiate important terms like:

  • Surrogate compensation
  • Expectations and responsibilities for each party
  • Risks and liabilities involved
  • Sensitive issues, like selective termination
  • Any necessary parentage orders or adoptions after birth

Once both parties are happy with the terms of the surrogacy contract, it can be signed, and the medical process of surrogacy can begin.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Georgia?

A: Like in many other states, if a surrogacy agreement is created in Georgia with the mutual intent of both parties, it is legally binding. Therefore, courts will uphold Georgia surrogacy contracts.

Q: What are the surrogacy laws in Georgia on parentage orders?

A: In Georgia, surrogacy courts will generally issue parentage declarations to all types of parents, including those with no genetic link to the child. The type of parentage order that must be completed will depend upon the situation of the intended parents involved. A surrogacy attorney in Georgia can give you a better idea of what kind of legal process you can expect in your personal surrogacy journey.

Typically, a surrogacy attorney will file paperwork for a pre-birth order during the surrogate’s second trimester. This involves submitting a request to the court that it names the intended parents as the legal parents of the child being born via surrogacy. The fertility clinic that completed the embryo transfer will provide an affidavit regarding the situation of the embryo transfer.

Once the pre-birth order is obtained, it is served to the surrogate’s hospital to ensure the intended parents’ names are placed on the birth certificate.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Georgia?

A:  No. International surrogacy is legal in Georgia for foreign intended parents, although they will need to follow a strict legal process to ensure they can bring their child back home to their native country.

Q: When do intended parents need to complete an adoption after birth? 

A:  Usually, intended parents in Georgia can complete a pre-birth order for their surrogacy, regardless of their marital status, which means an adoption after birth will not be necessary. However, only a surrogacy attorney can confirm this is the case for your personal situation, so we encourage you to contact one to learn what personal steps you’ll need to take to establish your rights as an intended parent. The county and judge overseeing the surrogacy contract may play a role in this process.

Q: Does Georgia allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: While most intended parents will be able to complete a second-parent adoption in Georgia, the availability of this process will always depend upon the court and the judge involved. If available, second-parent adoptions can help unmarried intended parents establish their parental rights. But, as mentioned, most intended parents in Georgia will be able to obtain a pre-birth order, rendering this legal process obsolete in most Georgia surrogacies.

However, if unmarried intended parents work with a surrogate in another state that prohibits second-parent adoptions, they will likely need to complete a second-parent adoption upon their return to Georgia.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: In Georgia, there is a statute that addresses the rights of a donor over any resulting eggs, sperm, embryo, or child conceived from their gametes. The statute states that any person who donates their gametes must release their rights prior to embryo transfer. Often, this will be done by the gamete bank or fertility clinic through which a person donates their egg, sperm or embryos.

If intended parents work with an identified egg, sperm or embryo donor, they should speak with a Georgia attorney to learn more about what kind of contracts might be necessary in this situation. This donation may also affect the legal steps that must be taken to obtain a pre-birth order.

Q: Are there any additional laws impacting same-sex surrogacy in Georgia?

A: Although second-parent adoptions are legal in Georgia, unmarried intended parents who live in another state cannot take advantage of Georgia’s second-parent adoption process.

Any additional laws for same-sex surrogacy in Georgia would be those regarding the specific situation of their donated egg, sperm or embryo gamete. Again, a surrogacy attorney in Georgia can best explain what legal steps will be necessary in your surrogacy process.

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So, if you’re considering surrogacy in Georgia, know that there are plenty of Georgia surrogacy professionals who are available to help you through this life-changing journey. American Surrogacy can help both intended parents and surrogates in Georgia make their surrogacy dreams come true by providing expert, expansive surrogacy services with our agency program.

To learn more about surrogacy with our agency, you can contact our surrogacy professionals at 1-800-875-2229(BABY) or through our online form today.

Surrogacy laws in Georgia and other states in the U.S. are always subject to change; therefore, we make no guarantee that this information is currently accurate to Georgia surrogacy laws. This information should not be taken as legal advice, and all those interested in a surrogacy in Georgia should always contact a Georgia surrogacy attorney for the most updated information on the process of surrogacy in this state.