LGBT Surrogacy Laws in Georgia

LGBT surrogacy laws in Georgia create a supportive legal framework that allows same-sex couples and single LGBT individuals to pursue surrogacy with clear pathways to establishing parental rights.

With proper legal guidance and comprehensive contracts, you can navigate Georgia’s requirements successfully and welcome your baby home with full legal recognition and protection.

Schedule a consultation today to understand how Georgia’s laws support your surrogacy journey.

LGBT Surrogacy Laws in Georgia and Establishing Parentage: Will We Get a Pre-Birth Order?

Georgia courts do issue pre-birth orders (PBOs) for LGBT intended parents, providing a crucial legal foundation for establishing your parental rights before your baby arrives.

These court orders declare your legal parentage while your surrogate is still pregnant, streamlining the birth certificate process and protecting your family’s legal status from day one.

Gay surrogacy laws in Georgia allow same-sex couples to obtain PBOs regardless of genetic connection, though the requirements vary based on your specific circumstances:

• Male couples using donor eggs: Both fathers can be declared legal parents through a PBO, even when only one has a genetic connection to the child
• Female couples using donor sperm: Both mothers can establish parentage via pre-birth order when proper documentation is provided
• Mixed genetic contribution scenarios: Courts typically approve PBOs when at least one parent has a genetic connection and proper surrogacy agreements are in place

The pre-birth order process typically takes 4-6 weeks and requires filing a petition with supporting documentation including your surrogacy agreement, medical records confirming the pregnancy, and affidavits from all parties.

Georgia courts have consistently supported LGBT families’ rights to establish parentage through surrogacy arrangements, making the state increasingly LGBT-friendly for family building.

Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Georgia?

Yes, the non-genetic parent in a same-sex couple can absolutely be declared a legal parent in Georgia through the pre-birth order process.

This represents a significant advantage of Georgia’s LGBT surrogacy laws, as many states require genetic connections for both parents or mandate post-birth adoptions.

Here’s how non-genetic parent recognition works in Georgia:

For male same-sex couples:

• The genetic father provides sperm for the embryo transfer
• The non-genetic father can still be declared a legal parent through the PBO process
• Both fathers’ names appear on the birth certificate from birth
• No additional adoption procedures required

For female same-sex couples:

• The genetic mother provides eggs for the surrogacy journey
• The non-genetic mother gains legal recognition through pre-birth orders
• Both mothers receive immediate legal parentage upon birth

Required documentation typically includes:

• Signed and notarized surrogacy agreement
• Medical records confirming genetic contributions
• Affidavits from the gestational carrier
• Court petition filed by reproductive law attorney

What If We’re Not Married — Can We Both Be Legal Parents?

Georgia’s gay surrogacy laws do not require marriage for both partners in an LGBT couple to be recognized as legal parents through surrogacy.

Unmarried same-sex couples can both be named on the birth certificate from birth when proper pre-birth orders are obtained.

Key considerations for unmarried LGBT couples include:

• Pre-birth orders remain available regardless of marital status
• Both parents can be declared legal when genetic connection requirements are met
• Surrogacy agreements must specify both partners as intended parents
• Legal documentation becomes even more critical without marriage protections

However, marriage can provide additional legal protections and may streamline certain aspects of the process.

Some couples choose to marry before or during their surrogacy journey for these added benefits, though it’s not legally required for parentage establishment in Georgia.

I’m a Single Parent — Can I Still Be Declared the Legal Parent in Georgia?

Single LGBT individuals absolutely can be declared legal parents through surrogacy in Georgia.

Whether you’re gay, lesbian, bisexual, or queer, LGBT surrogacy laws in Georgia support single intended parents pursuing family building through gestational surrogacy.

Pre-birth orders for single parents are available when:

• You’re using your own genetic material (egg or sperm) with donor gametes
• You’re using donor eggs and donor sperm (though this may require additional legal steps)
• Proper surrogacy agreements are executed with experienced legal counsel
• All medical and legal documentation is completed before the PBO petition

Single parent considerations include:

• Streamlined legal process with only one intended parent
• Faster court approval timelines in many cases
• Full legal recognition from birth without co-parent complications
• Access to the same legal protections as couples

The process typically involves filing a parentage petition, providing evidence of genetic contribution or intended parent status through contracts, and obtaining court approval before birth.

Single intended parents often find Georgia’s legal landscape particularly welcoming compared to states with more restrictive gay surrogacy laws.

How Will Our Names Appear on the Birth Certificate in Georgia?

Georgia allows same-sex parents to be listed on birth certificates with appropriate terminology reflecting their family structure.

 The specific language depends on your situation and preferences, but common formats include:

For male same-sex couples:

• “Father” and “Father”
• “Parent” and “Parent”
• Father [Name] and Father [Name]

For female same-sex couples:

• “Mother” and “Mother”
• “Parent” and “Parent”
• Mother [Name] and Mother [Name]

For single LGBT parents:

• Standard “Mother” or “Father” designation
• “Parent” if preferred for gender-neutral recognition

Your reproductive law attorney will work with the vital records office to ensure proper terminology aligns with your family’s preferences and legal requirements. Most couples appreciate having the flexibility to choose language that best reflects their family structure.

How Long Will It Take to Get the Birth Certificate?

The timeline for receiving your final birth certificate in Georgia typically ranges from 2-4 weeks after birth, depending on several factors:

Standard processing timeframes:

• Initial birth certificate: 7-14 business days after hospital filing
• Final amended certificate (if needed): Additional 2-3 weeks
• Certified copies: Available within 1-2 weeks of issuance

Expedited processing options:

• Rush processing available for additional fees
• Expedited requests typically processed within 3-5 business days
• Essential for families traveling out of state quickly after birth

Factors affecting timeline:

• County of birth (some process faster than others)
• Complexity of parentage situation
• Accuracy of pre-birth order documentation
• Holiday periods or high-volume times

Most families receive their birth certificates by mail, though pickup options may be available in certain counties. Plan for standard timelines but discuss expedited options with your legal team if you have immediate travel needs.

Do We Need a Second Parent Adoption After Surrogacy in Georgia?

In most cases, LGBT intended parents do not need second parent adoption after surrogacy in Georgia when proper pre-birth orders are obtained. This represents a significant advantage of Georgia’s LGBT surrogacy laws compared to states requiring post-birth adoption procedures.

When second parent adoption is NOT required:

• Both parents obtained pre-birth orders establishing legal parentage
• Proper surrogacy agreements were executed before conception
• All legal documentation was filed correctly with the courts
• Birth certificates list both intended parents from birth

Rare situations where adoption might be necessary:

• Pre-birth order was incomplete or improperly executed
• Legal challenges arose during the pregnancy
• Interstate jurisdictional complications
• Non-resident intended parents in complex legal situations

Benefits of avoiding second parent adoption:

• Immediate legal recognition for both parents
• No waiting periods after birth for legal status
• Lower overall legal costs and complexity
• Faster processing for travel documents and medical decisions

However, some families choose voluntary second parent adoption for additional legal protections, especially if planning to live in states with less favorable gay surrogacy laws. Your reproductive law attorney can advise whether this extra step provides meaningful benefits for your specific situation.

How Surrogacy Contracts Protect LGBT Parents in Georgia

Comprehensive surrogacy contracts provide essential legal protections for LGBT intended parents navigating Georgia’s surrogacy laws. These agreements establish the foundation for successful pre-birth orders and protect your parental rights throughout the journey.

Critical contract provisions for LGBT parents include:

Parentage and Legal Rights Clauses:

• Clear establishment of intended parents’ exclusive parental rights
• Surrender of parental rights by gestational carrier
• Specification of both partners as intended parents (for couples)
• Genetic contribution acknowledgments and protections

Decision-Making Authority:

Financial and Practical Protections:

• Compensation and expense reimbursement terms
• Insurance coverage requirements and coordination
• Travel and accommodation arrangements for birth
• Post-birth support and cooperation agreements

Legal Process Support:

• Cooperation with pre-birth order proceedings
• Court appearance requirements and procedures
• Documentation submission and legal compliance
• Post-birth certificate and legal finalization steps

Well-crafted contracts anticipate potential complications and provide clear resolutions, reducing stress and legal uncertainty for LGBT families. Working with attorneys experienced in LGBT surrogacy laws ensures your agreement complies with Georgia requirements while maximizing your legal protections.

Why Work With a Surrogacy Agency If You’re an LGBT Couple in Georgia

LGBT couples benefit significantly from working with experienced surrogacy agencies that understand the unique legal and emotional aspects of same-sex family building in Georgia. Professional agencies provide comprehensive support that independent arrangements often cannot match.

Legal Expertise and Navigation:

• Access to attorneys specializing in gay surrogacy laws
• Experienced guidance through pre-birth order processes
• Established relationships with LGBT-friendly legal professionals
• Up-to-date knowledge of evolving Georgia surrogacy regulations

Surrogate Matching and Screening:

Comprehensive Journey Management:

• Coordination of medical, legal, and logistical aspects
• Insurance navigation and financial planning assistance
• Crisis management and problem-solving throughout the process
• Emotional support and counseling resources for all parties

Success Rate Advantages:

• Higher success rates through experienced management
• Reduced legal complications and delays
• Streamlined communication between all parties
• Professional mediation for any arising conflicts

LGBT surrogacy agencies understand the specific challenges same-sex couples face and provide tailored solutions that independent arrangements often lack. Their expertise in Georgia’s legal landscape ensures your journey proceeds smoothly from matching through legal finalization.

Finding an LGBT-Friendly Surrogacy Attorney in Georgia

Working with reproductive law attorneys experienced in LGBT surrogacy laws is essential for protecting your parental rights and ensuring smooth legal processes.

These Georgia attorneys have proven experience supporting same-sex couples through surrogacy journeys:

• Jessica Gordon (Marietta) – Gordon is the managing attorney of the Law Office of Jessica L. Gordon, LLC. Gordon concentrates her practice on assisted reproduction law.
• Sherrian Hicks (Lawrenceville) – Georgia-based family law attorney focusing on adoption and reproductive law matters, with particular expertise in complex parentage cases.
• Lynn Goldman (Atlanta) – After experiencing infertility herself in 2002 Goldman was excited to work with other families on their family-building journey. She is a member of the Academy of Adoption and Assisted Reproduction Attorneys as well as the American Society of Reproductive Medicine, where she serves on the Legal Professionals Board.

How to Get Started With LGBT Surrogacy in Georgia

Ready to begin your surrogacy journey in Georgia? Understanding LGBT surrogacy laws in Georgia is just the first step toward welcoming your baby home.

Professional guidance ensures you navigate the legal requirements successfully while focusing on the excitement of growing your family.

The legal landscape for gay surrogacy laws continues evolving in favor of LGBT families, and Georgia offers one of the more welcoming environments for same-sex couples pursuing surrogacy.

With proper legal guidance and professional support, you can establish secure parental rights and focus on the joy of expecting your baby. Speak with a specialist today to explore your options and connect with experienced professionals who understand the unique aspects of LGBT family building in Georgia.