Georgia offers LGBT intended parents a clear path to parenthood through surrogacy, with established legal protections that recognize both parents from birth in many cases.
With proper legal guidance and the right surrogacy agency, gay and lesbian couples can navigate Georgia's LGBT surrogacy laws confidently and welcome their babies with full parental rights secured from day one.
Schedule a consultation today and discover how American Surrogacy's specialized LGBT support can help you understand Georgia's specific requirements and match you with a surrogate who celebrates your journey to parenthood.
LGBT Surrogacy Laws in Georgia and Establishing Parentage: Will We Get a Pre-Birth Order?
What most couples don't realize about pre-birth orders is that Georgia courts can issue them for LGBT intended parents, but the process varies depending on your specific situation.
A pre-birth order (PBO) legally establishes you as the parents before your baby is born, eliminating uncertainty at the hospital.
For gay couples using gestational surrogacy in Georgia, pre-birth orders are typically available when at least one intended parent has a genetic connection to the child. Courts generally issue orders within 2-4 weeks of filing during the second trimester, provided all documentation is complete.
For male same-sex couples, the biological father can typically secure a pre-birth order, while the non-genetic father may need additional legal steps post-birth. Female same-sex couples face similar considerations when using donor sperm with one partner's egg.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Georgia?
Here's what makes Georgia different from other states: Non-genetic parents in gay couples can sometimes be declared legal parents at birth, but it requires careful legal planning and may not be guaranteed in every case.
For married same-sex couples, Georgia recognizes marriage equality, which strengthens legal parentage claims. Courts may issue pre-birth orders naming both spouses as parents, and the non-genetic spouse benefits from presumptions of parenthood through marriage.
However, some scenarios still require post-birth adoption when courts decline to issue comprehensive pre-birth orders, if documentation doesn't meet specific court requirements, or for additional legal security.
What If We're Not Married — Can We Both Be Legal Parents?
Unmarried LGBT couples face more complex challenges in establishing dual parentage from birth in Georgia. While marriage isn't technically required for surrogacy, it significantly simplifies the legal process for both parents' recognition.
For unmarried gay surrogacy laws, the genetic father can typically establish paternity pre-birth, while the non-genetic partner usually needs post-birth adoption procedures. Some courts may still issue favorable orders for committed unmarried couples with proper documentation.
Consider marriage before birth if legally and personally acceptable, as it provides the strongest foundation for dual parent recognition in Georgia courts.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Georgia?
Single LGBT intended parents often have the most straightforward path to legal parentage in Georgia surrogacy cases.
Whether you're using your own genetic material or donor gametes, Georgia courts readily recognize single intended parents through pre-birth orders.
Georgia statutes protect intended parents using donor eggs or sperm, with donors relinquishing all parental rights through proper legal documentation.
You're recognized as the sole legal parent regardless of genetic connection, with pre-birth orders protecting your rights and eliminating hospital complications.
How Will Our Names Appear on the Birth Certificate in Georgia?
In Georgia, same sex parents will be identified as “Parent” and “Parent” on the final birth certificate.
If neither of the intended parents lives in Georgia, the non-biological parent in a same-sex couple can’t obtain a second parent adoption but the state will honor a second parent adoption order from another state and add the second parent to the birth certificate.
How Long Will It Take to Get the Birth Certificate?
Georgia’s Office of Vital Records has a few options for ordering birth certificates, all three list standard requests with an 8-10 week time frame.
Contacting your local county vital records office could lead to faster processing times.
Do We Need a Second Parent Adoption After Surrogacy in Georgia?
The answer depends on your specific circumstances, but many LGBT couples choose second parent adoption even when both parents are listed on the birth certificate for maximum legal protection.
Second parent adoption is typically required when the non-genetic parent wasn't included in the pre-birth order or courts declined to name both parents initially.
The process must be completed within Georgia if the baby is born in-state.
How Surrogacy Contracts Protect LGBT Parents in Georgia
A comprehensive surrogacy contract serves as your legal foundation throughout the entire process, protecting your parental rights and outlining every party's responsibilities.
Essential contract provisions for LGBT parents include:
Clear parental intent statements Decision-making authority during pregnancy Financial responsibilities Legal procedure cooperation
Why Work With a Surrogacy Agency If You're an LGBT Couple in Georgia
LGBT couples face unique legal and emotional challenges that experienced surrogacy agencies are specifically equipped to handle with sensitivity and expertise.
American Surrogacy provides LGBT-experience, helping create families from all walks of life, along with:
Connections to legal networks with attorneys who understand gay surrogacy laws and court procedures Faster matching access to supportive surrogates Comprehensive screening Legal guidance for Georgia's specific requirements And more
Finding an LGBT-Friendly Surrogacy Attorney in Georgia
Legal representation experienced in gay surrogacy laws is essential for protecting your parental rights and navigating Georgia's court system successfully.
Look for attorneys with specific LGBT surrogacy experience, active court practice with recent pre-birth order filings for same-sex couples, professional credentials, and local court knowledge. Here are a few local options:
- Jessica L. Gordon (Marietta): Gordon works with all aspects of gestational carrier agreements and helps intended parents obtain pre-birth court orders to establish legal parentage She also represents gestational carrier’s and their husbands in the contract negotiations and pre-birth order stages of the process as well.
- Sherrian Hicks (Lawrenceville): Hicks practice focuses on adoption law while also having experience working with gestational carriers and intended parents who are building families through assisted reproduction.
- Lori Surmay (Atlanta): Surmay is part of the Georgia Council of Adoption Lawyers, who’s practice areas include assisted reproduction
How to Get Started With LGBT Surrogacy in Georgia
Your path to parenthood through surrogacy begins with understanding Georgia's LGBT-friendly legal landscape and connecting with professionals who specialize in supporting gay and lesbian families.
American Surrogacy provides detailed explanations of Georgia's LGBT surrogacy laws and timeline, cost breakdowns, matching process overviews, and legal requirement checklists specific to your family structure during consultations.
Contact us to speak to our LGBT surrogacy specialists today and discover how Georgia's supportive legal environment and American Surrogacy's expertise can help you achieve your dreams of parenthood.