Legal Aspects of Surrogacy - Georgia

Gestational Surrogacy Legislation in Georgia

In Georgia, gestational surrogacy is an accepted practice mainly because there are no explicit legal prohibitions against it. This absence of restrictive laws has allowed many aspiring parents to successfully use gestational surrogacy as a pathway to family expansion. While the information provided here offers a basic understanding of surrogacy practices in Georgia, it is not intended as legal counsel. Prospective parents are strongly advised to seek advice from a lawyer experienced in surrogacy law to navigate their unique situation.

Frequently Asked Questions About Surrogacy in Georgia

Legality of Gestational Surrogacy in Georgia

Gestational surrogacy is effectively legal in Georgia, as there are no state laws specifically regulating or prohibiting it. This has made it a favored option for intended parents seeking to have children, providing them with a clear and viable path to parenthood.

Traditional Surrogacy in Georgia

Traditional surrogacy, where the surrogate is also the genetic mother of the child, is also allowed in Georgia due to the lack of prohibitive laws. However, traditional surrogacy involves increased risks and complexities, both legally and emotionally. Many surrogacy attorneys may be hesitant to undertake such arrangements due to the potential for complicated parental rights issues.

Legality of Compensated Surrogacy in Georgia

Compensated surrogacy is legal in Georgia. The financial aspects, including surrogate compensation and other expenses such as medical and travel costs, legal fees, and insurance, are typically outlined in the surrogacy contract created between the surrogates and the intended parents. This ensures that the surrogate is fairly compensated for her time, effort, and medical risks.

Formulation of a Georgia Surrogacy Contract

Georgia does not have state-specific laws governing surrogacy contracts. To ensure legal protection and clarity for all parties, surrogacy contracts in Georgia must be negotiated and drafted by separate attorneys representing the surrogate and the intended parents. These contracts usually cover:

• Rights and Responsibilities: Clearly defined roles and obligations of both the surrogate and the intended parents.

• Potential Risks and Liabilities: Outlining any potential issues and how they will be managed, including contingency plans.

• Financial Aspects: Detailed compensation for the surrogate and coverage for all related expenses, including insurance.

• Sensitive Matters: Agreements on issues such as selective reduction and pregnancy termination.

• Communication Expectations: Guidelines for how the parties will communicate throughout the surrogacy process.

Once the contract is mutually agreed upon and signed, the medical process of surrogacy can commence.

Establishing Legal Parentage in Georgia

In many cases, Georgia allows for pre-birth parentage orders, which are generally granted regardless of the marital status, sexual orientation, or genetic link to the child. This process typically negates the need for a post-birth adoption, providing intended parents with legal certainty from the moment of the child's birth.

Same-Sex Surrogacy in Georgia

Is Same-Sex Surrogacy Legal? Yes, same-sex surrogacy is legal in Georgia. The process for LGBT+ intended parents mirrors that of heterosexual couples, often requiring the use of an egg or sperm donor for IVF procedures.

Specific Laws Impacting Same-Sex Parenting: There are no additional specific laws in Georgia that uniquely affect same-sex surrogacy. The primary considerations pertain to the legal aspects of egg, sperm, or embryo donation and ensuring that parental rights are firmly established.

Additional FAQs on Georgia Surrogacy

Enforceability of Surrogacy Contracts: Surrogacy contracts in Georgia are enforceable once agreed upon and signed by both parties. It is crucial to have these contracts drafted and reviewed by experienced legal professionals to ensure compliance and enforceability.

Surrogacy Laws for Non-U.S. Parents in Georgia: International intended parents follow the same process as domestic ones, but should consult an immigration lawyer for appropriate legal guidance to ensure they meet all requirements for bringing their child home.

Requirements for Post-Birth Adoption: Typically, intended parents in Georgia can obtain a pre-birth order, making post-birth adoption unnecessary in most scenarios. However, legal confirmation from a surrogacy attorney is advised to ensure that all parental rights are properly established.

Provisions for Second-Parent and Stepparent Adoptions in Georgia: Second-parent adoptions are generally possible but depend on the overseeing judge. Unmarried parents working with a surrogate may need to pursue such an adoption upon return to Georgia if it was not completed in the state where the surrogacy took place.

Considerations for Donor Egg, Sperm, or Embryo in Surrogacy: Intended parents using donor gametes in Georgia can usually secure a pre-birth order. Georgia law mandates that gamete donors relinquish parental rights prior to embryo transfer, ensuring that the intended parents are legally recognized as the child's parents from birth.

Conclusion

Georgia's legal framework for surrogacy is favorable due to the lack of restrictive laws and supportive court decisions. Both gestational and traditional surrogacy are permitted, though gestational surrogacy is often preferred due to fewer legal complexities. Prospective parents should work closely with experienced surrogacy attorneys to navigate the legal landscape, ensuring that all contracts are enforceable and parental rights are properly established. Legal counsel is essential for a smooth and successful surrogacy journey in Georgia.