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Georgia Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Georgia surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Georgia surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed dozens of finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Georgia surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, Georgia courts will typically uphold surrogacy agreements.

    • Does the state have surrogacy laws and/or case law?

      The state has applicable case law regarding embryo donation and related assisted reproductive technology.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Georgia courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Yes, commercial surrogacy is legal in Georgia and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?


    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      Since Georgia does not have a statutory rule on this, there is not a specific set of guidelines for when a Georgia judge may uphold the validity of a surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      Also, the intended parents and the surrogate (and her spouse, if applicable) should have independent legal counsel, the surrogate must meet specific requirements and the agreement must have provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Can both intended parents be declared the legal parents?

      Yes. Both intended parents can m declared the legal parents in a pre-birth order, regardless of their marital status, sexual orientation, the use of sperm or egg donation and the genetic relationship to the child. For same-sex couples, there is stronger legal support if they are married or in a civil union.

      In some situations, careful documentation of the legal rights to the embryos during IVF may be necessary.

    • Are pre-birth and post-birth orders permitted?

      Yes. Pre-birth parentage orders are usually granted in most circumstances, regardless of marital status, sexual orientation or genetic relationship to the child.

    • Will the state honor a pre-birth order issued by another state?

      Most likely yes. If the order is domesticated in Georgia, then certainly yes.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The parents will receive the baby’s birth certificate within two weeks of delivery. If expedited, it will take one week. Same-sex parents will be named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier, but it requires simultaneously obtaining a court order clearly indicating that the surrogate is not the legal mother and is not responsible for the child. They can subsequently obtain an amended birth certificate that names the biological father or both fathers only, but it may also require obtaining court orders.

    • Are post-birth adoptions permitted?

      Post-birth adoptions are permitted. When a parentage order is unable to be obtained, post-birth adoptions are typically allowed. However, the circumstances in which a Georgia judge will grant either a stepparent or second-parent adoption are unclear and vary significantly by county and judge.

    • Are second-parent adoptions permitted?

      Second parent adoptions may be permitted in certain circumstances and by certain judges. However, many counties in Georgia will not grant second-parent adoptions.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and are usually available to married couples. However, the requirements for a stepparent adoption vary by court and judge. In most circumstances, the courts will grant a stepparent adoption to parents who are married.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.