Gestational Surrogacy Regulations in Georgia

Overview

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

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No* (see GA specific requirements)
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy only
Resident status:
No* (see GA specific requirements)
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy only
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Georgia:
Yes
Birth outside of Georgia:
Yes, however, discuss with your legal counsel

Pre-Birth Orders are usually granted in most circumstances, including when the Intended
Parent(s) are a same-sex or heterosexual couple, a single Intended Parent, and/or when
neither Intended Parent shares a genetic relationship with the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes*

General Information

Will Georgia Vital Records honor a Pre-Birth Order from another state:
Yes, most likely
What is the typical time frame to obtain a birth certificate after delivery:
2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Georgia Residents:

*This situation typically arises if the child is born outside of Georgia. The parents then return to Georgia to obtain a second parent adoption or stepparent adoption in Georgia. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Georgia?

*Traditional Surrogacy in Georgia is permitted because no statute or published case law prohibits it. Although it may be allowed in Georgia because no statute or published case law prohibits it, it is not the general accepted practice. Please consult with a local attorney to determine if you can move forward with traditional surrogacy *
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.