Surrogacy Contracts in Georgia: What’s Included and Why It Matters

Are Surrogacy Contracts Enforceable in Georgia?

While Georgia does not have specific state laws that either permit or ban surrogacy, the state is widely considered “surrogacy-friendly”.

Courts in Georgia generally respect the “intent” of the parties involved. This means if you and the intended parents signed a clear, well-drafted agreement, the court will likely uphold it.

However, a judge will not enforce unenforceable contractterms.

For example, a contract cannot force a surrogate to undergo a medical procedure that endangers her life, nor can it prevent her from seeking emergency medical care.

Working with an experienced attorney ensures your surrogacy contracts in Georgia are written to stand up in court.

What Happens If a Surrogacy Contract Is Breached?

Because this is a legal partnership, there are rules for what happens if someone doesn’t follow the agreement. A “breach” is simply a failure to do what was promised.

While rare, it is important to know about breach of surrogacy contract consequences. If a surrogate or the intended parents fail to meet their obligations, the contract usually outlines a specific path for resolution.

Often, the first step is contract disputes mediation. This involves meeting with a neutral third party to find a solution without going to court.

What happens if contract is breached scenarios usually involve financial penalties or, in extreme cases, the termination of the agreement. The goal of the contract is to prevent these issues by making everyone’s responsibilities crystal clear from the start.

Understanding Surrogate Compensation in Georgia: How Payment Is Structured in Your Contract

One of the most important parts of the contract negotiation stage is setting a schedule for your pay. You are giving your time, energy, and body to help a family, and fair surrogacy compensation ensures you are supported throughout that process.

Payment structure options

Most surrogacy contracts in Georgia break your pay into monthly installments. This usually starts after a confirmation of pregnancy via an ultrasound.

Your contract will list exactly how much you receive each month and what happens if the pregnancy ends early or if you are carrying multiples.

Escrow account requirements

To make sure the money is always there when you need it, the intended parents are usually required to fund an escrow account before you start medications.

An escrow account requirements clause means a neutral third party holds the funds. This protects you by ensuring that your payments don’t depend on the intended parents’ bank balance month-to-month.

Medical Rights in a Surrogacy Contract

You do not lose your right to bodily autonomy when you become a surrogate. Your contract will actually define and protect your medical rights.

Pregnancy Termination & Reduction Clauses

These are the most difficult conversations, but they are necessary for your protection.

 Abortion decisions in contracts clarify what will happen if a medical emergency arises or if the fetus has a severe genetic abnormality.

Your contract will cover termination for medical reasons—specifically when a doctor advises that continuing the pregnancy poses a high risk to your health.

It also includes selective reduction agreements, which are used in cases of multiple pregnancies where the health of the surrogate or the remaining fetuses is at risk. Having these terms in writing before you are pregnant ensures that you and the intended parents share the same values and expectations.

Lifestyle and Travel Restrictions in Surrogacy Contracts

To ensure a healthy pregnancy, there are certain boundaries you’ll agree to. These aren’t meant to be “rules” that control your life, but rather safety measures for you and the baby.

Travel restrictions during pregnancy

As you get closer to your due date, the contract will likely include travel restrictions during pregnancy clauses. This usually means staying within a certain distance of your delivery hospital after 28 or 30 weeks to ensure you aren’t in a different state if labor begins early.

Exercise and activity limitations

Your doctor will provide guidelines on exercise restrictions during surrogacy, which are then mirrored in the contract. Generally, you can continue your normal routine, but high-impact or dangerous activities (like skiing or contact sports) are usually restricted to prevent injury.

Diet and substance guidelines

Diet restrictions during surrogacy typically follow standard medical advice for any pregnancy—avoiding raw fish, excessive caffeine, and, of course, all alcohol and tobacco products.

What the Contract Says About Labor and Delivery

The day the baby arrives is the goal of the whole journey. Your contract helps ensure the hospital experience goes smoothly by setting expectations early.

This is different from a “hospital plan,” which is another document you’ll give to the nurses that addresses the hospital stay.

The legal agreement covers delivery room presence rights, stating exactly who you want in the room with you.

It also outlines recovery time compensation, ensuring you have financial support while you stay home to heal after the birth. If you choose to provide breast milk, a pumping agreement contract will be included, detailing the extra weekly pay you receive for your time and effort.

Insurance Requirements in a Georgia Surrogacy Contract

Medical bills for a pregnancy can be high, and the contract ensures you aren’t the one paying them.

The intended parents are responsible for ensuring you have surrogate friendly insurance. Not all health plans cover surrogacy, so your attorney will review your policy. If it has an “exclusion” for surrogacy, the intended parents will purchase a specialized policy for you.

Additionally, the contract will require:

• Life insurance requirements: To provide for your family in the event of a tragedy.
• Disability insurance coverage: To replace your income if you are put on bed rest and cannot work.