An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Georgia

Generally, is your state friendly to ART? Georgia is generally friendly to ART

Is your state friendly to non-married couples? Non-married couples could face some barriers to their use of ART in Georgia, but the barriers can be overcome with the right legal documents

Is your state friendly to LGBT families? Georgia is friendly to LGBT families

Is your state friendly to a single intended parent? Georgia is friendly to a single intended parent

Are there statutes in place for surrogacy?  Georgia has no statutes in place for surrogacy

Does your State have an embryo donation statute? Georgia has a very helpful embryo donation statute

Does your State have an egg donation statute? Georgia does not have an egg donation statute, but the embryo donation statute can be used to cover some egg donation matters

Is gestational surrogacy (third party gamete use) permitted? Gestational surrogacy (third party gamete use) is permitted in Georgia

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Georgia does not prohibit traditional surrogacy (use of the surrogate’s genetic material), but it will be necessary for the non-genetic parent to complete an adoption

Is compensated surrogacy allowed by statute?  In practice?  Georgia does not have any laws that prohibit commercial (paid) surrogacy, and commercial surrogacy has been successfully accomplished in Georgia for over 25 years

Is un-compensated (expense reimbursement only) surrogacy allowed by statute?  In practice? Georgia does not have any statutes to address altruistic (expense reimbursement only) surrogacy, and altruistic surrogacy has been successfully accomplished in Georgia for over 25 years

Does your state only permit a Carrier to be reimbursed for expenses (altruistic)?  Georgia has no laws that limit payments or reimbursements to a Carrier

Are surrogacy agreements enforceable, void or prohibited?  Georgia’s appellate courts have never addressed a case involving the enforceability of surrogacy agreements, but there is no reason to believe that the court would not enforce the agreements

Do both Intended Parents both have to be genetically related to the child? Georgia’s laws provide a basis for Intended Parents to have their legal parentage confirmed, even if both are not genetically related to the child

Does your State require at least one Intended Parent to be genetically related to the child?  Georgia has no law that requires at least one Intended Parent to be genetically related to the child

If a single intended parent uses surrogacy do they have to be genetically related to the child? Georgia has no law that requires a single intended parent to be genetically related to the child

Do the Intended Parents have to be married?  Georgia does not have a law requiring Intended Parents to be married, but unmarried couples might face barriers to having the parentage confirmed if they are not both genetically related to the child. Those barriers can be overcome with the right legal documents.

Do two Intended Parents have to be opposite gender?  Georgia does not require two Intended Parents to be opposite gender

Does your state allow pre-birth parentage orders to be issued for surrogacy?  Georgia courts will issue pre-birth parentage orders for surrogacy

Does your state only allow a post-birth parentage order to be issued? Georgia does not limit parentage orders to post-birth parentage

Can you obtain both a pre and post birth order in your State for the same child? In Georgia, Intended Parents can obtain both a pre and post birth order for the same child

Can you obtain a parentage order if only the carrier resides in the State? In Georgia, Intended Parents can obtain a parentage order if only the carrier resides in Georgia

Can you obtain a parentage order if only the intended parents reside in the State? In Georgia, it might not be possible to obtain a parentage order if only the intended parents reside in Georgia

Can you obtain a parentage order if only the birth occurs in the State? In Georgia, Intended Parents can obtain a parentage order if only the birth occurs in Georgia

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in the State?  In Georgia, it might not be possible to obtain a parentage order if only the medical procedures/IVF Clinic is in Georgia

What is the basis for venue in the State? In Georgia, venue is determined by the residence of the respondents, which include the hospital, Vital Records, and the Carrier. Venue for Vital Records is appropriate in every county in Georgia.

Do results vary by venue?  In Georgia, results sometimes vary by venue

Is a hearing required for a parentage order?  In Georgia, some judges require a hearing for a parentage order, and others do not

Does the State have a passport office? Georgia has a passport office

How long does it take to obtain a birth certificate?  In Georgia, parents can sometimes obtain a birth certificate within a few days following birth

Will your vital records honor a parentage order from another state? Georgia vital records will honor a parentage order from another state, but some of the hospitals require the parentage order to be registered in Georgia

Does your vital records require a parentage order from another state to be registered? Georgia vital records does not require a parentage order from another state to be registered, but some of the hospitals require registration

How does the birth certificate list same-sex parents?  Georgia vital records will list same-sex parents as “parent/parent” on the birth certificate

Can an initial birth certificate be obtained naming the biological parent and the carrier?  In Georgia, it is possible to obtain an initial birth certificate naming the biological parent and the carrier.

Can the birth certificate be amended to include only the biological parent or both intended parents?  In Georgia, the birth certificate can be amended to include only the biological parent or both intended parents, with the appropriate court order

Do your amended birth certificates say “amended” on them?  Georgia’s amended birth certificates do not say “amended” on them if the court orders it not to say amended

Can intended parents in a surrogacy obtain an adoption order?  Intended parents in a surrogacy can obtain an adoption order in Georgia

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Georgia should not rely exclusively on these printed responses.  All these issues should be discussed with a Georgia ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.