Georgia

Despite no statutory or case law directly addressing surrogacy contracts in Georgia, it is a favorable state for gestational surrogacy. Courts regularly establish parental rights for married or single Intended Parent(s) through a pre-birth declaratory judgment regardless of sexual orientation or genetic connection (although there may be additional paperwork required). The court process is typically very seamless – everything is usually handled directly between attorneys and usually no in-person hearing is required, but this can vary by judge.

Surrogacy Is Legal in Georgia
It is legal to pursue surrogacy in Georgia. Georgia is a surrogacy-friendly state and home to a wide range of family-building resources and being home to top-notch fertility centers including CCRM Atlanta, Reproductive Biology Associates, and Shady Grove Atlanta.

Altruistic surrogacy is also legal in Georgia as is traditional surrogacy, but the latter is not commonly practiced or recommended by reputable surrogacy agencies.

Understanding Surrogacy Laws in Georgia
Legal Parentage
The legal parentage process is the critical step whereby parentage is determined. Depending on where your child is born, the parentage orders will be completed either pre- or post-birth.

Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.
Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the state’s Office of Vital Records to name the intended parents on the child’s birth certificate.

Georgia generally has a process for pre-birth orders that establishes the intended parents’ legal parental rights.The petition is filed on behalf of the intended parents and needs to outline the following for intended parents to be cleared the legal parents of the expected child: (i) the surrogacy arrangement, (ii) how the embryo(s) came to be created, (iii) how the transfer resulted in the pregnancy, and (iv) an affirmation of the intended parent(s) ongoing support. The judgment declares the intended parents as the legal parents and directs for the state of Georgia to create the child’s birth certificate listing the intended parents together (or the single parent alone).

Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Georgia permits post-birth orders should a pre-birth order not be obtained.

Common Questions About Georgia Surrogacy Law
Do You Need a Medical Need for Surrogacy in Georgia?
Although there is no specific law on this, it is best practice to only pursue surrogacy in Georgia if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
Georgia permits married and single individuals to pursue surrogacy. Partnered couples may also be able to pursue, but will need to discuss options with an experienced professional.

Do Intended Parent(s) need a genetic connection to the embryo?
Georgia does not require a genetic connection to the embryo although double donor embryos will want to discuss the process with an experienced professional as processes may vary.

Can International Intended Parent(s) Pursue Surrogacy in Georgia?
International parents can pursue surrogacy in Georgia. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
Yes, Georgia allows surrogacy for all individuals regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Georgia. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Georgia?
Generally no. Intended parents do not need to be Georgia residents to carry out a surrogacy journey in Georgia. Similarly, Gestational Carriers are not required to reside in Georgia as long as the surrogate is expected to give birth within the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
Georgia does not have any written laws relating to the rights of surrogates.