Learn About Third-Party Assisted Reproduction & Surrogacy Law in Georgia
Everything you need to know about surrogacy law in Georgia.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Georgia
- Gestational surrogacy is permitted, including compensated arrangements.
- Surrogacy agreements should be signed by all parties in the presence of a notary public before embryo transfer.
- Independent legal representation is required by most judges overseeing surrogacy cases.
- Pre-birth parentage orders are generally granted.
- Court involvement is required to finalize parentage.
Georgia Surrogacy Law: What You Need to Know
Georgia is a surrogacy-friendly state with a clear and supportive legal process for intended parents and surrogates. With proper legal agreements and representation, intended parents—regardless of marital status or sexual orientation—can obtain pre-birth orders and expect to receive their child’s birth certificate shortly after delivery.
Georgia Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed |
| Gestational Surrogacy | Allowed |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | A Surrogacy Agreement should be signed by all parties in the presence of a Notary Public prior to an embryo transfer procedure |
| Legal Representation | Independent legal representation for each party is required by most Judges |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Most likely not an issue if proper legal documentation has been completed in any donation arrangement |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | The intended parents can expect to obtain their child’s birth certificate in-person within 5 business days post-delivery |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney for personalized advice.