GESTATIONAL SURROGACY LAW GEORGIA
Gestational surrogacy is permitted in Georgia because there are no specific laws prohibiting it and many intended parents have been successful in using this method to build their families.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Georgia, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Georgia.
Is Gestational Surrogacy Legal in Georgia?
Yes. Despite the lack of gestational surrogacy laws, it is considered legal and becoming a common way for intended parents to pursue their dreams of having children.
Is Traditional Surrogacy Legal in Georgia?
Yes. Similar to gestational surrogacy, traditional surrogacy is permitted in Georgia because there are no specific laws prohibiting it. In most cases; however, surrogate attorneys will not agree to complete these journeys because there are more risks when the surrogate is biologically related to the child.
Is Compensated Surrogacy Legal in Georgia?
Yes. Compensated surrogacy is legal in Georgia; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
Creating a Georgia Surrogacy Contract
There are no state regulations that address the process of creating surrogacy agreements in Georgia. However, intended parents and their surrogate must be represented by separate surrogacy attorneys to ensure that each parties rights and interests are protected. These attorneys will negotiate an agreement that addresses at least the following:
- The rights and responsibilities of each party
- Any potential risks and liabilities, and the steps to take should they occur
- Surrogate compensation and other financial information, like surrogacy insurance
- Agreements on sensitive issues like selective reduction and termination
- Contact expectations
- And more
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
Determining Legal Parentage in Georgia
Pre-birth parentage orders are granted in most circumstances, regardless of marital status, sexual orientation or genetic relationship to the child.
Same-Sex Surrogacy in Georgia
Q: Is Same-Sex Surrogacy Legal in Georgia?
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Georgia?
A: Any additional laws for same-sex surrogacy in Georgia would be those regarding the specific situation of their donated egg, sperm, or embryo.
FAQs
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Georgia?
A: Yes. Surrogacy contracts are enforceable when both parties sign the agreement.
Q: Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Georgia?
A: No. International intended parents will follow the same surrogacy process as domestic intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
A: In most cases, 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.
Q: Does Georgia Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: Yes. Since there are no established laws governing this process; however, the ability to complete a second-parent adoption will depend on the judge overseeing the case. In most circumstances, intended parents will be able to obtain a pre-birth order so this wouldnt be necessary.
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: Intended parents who complete a surrogacy in Georgia are usually able to obtain a pre-birth order regardless of whether they used a donor egg, sperm, or embryo. There is a Georgia statute that states any person who donates their gametes must release their parental rights prior to the embryo transfer.
REPRODUCTIVE LAW PRACTITIONERS
Sara M. Clay
Marietta, GA
smclay@surrogacylaw.com
(678) 797-1213
Chris Bethel
Atlanta, GA
chris@cmbesq.com
(707) 313-3535
Lynn Holland Goldman
Atlanta, GA
lynn@gababylaw.com
(404) 442-6969
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