Is Surrogacy Legal in Georgia?

Understanding Georgia Surrogacy Laws

If you’re hoping to expand your family (or help someone by becoming their surrogate), you might worry: Is surrogacy legal in Georgia? Here’s your guide to the Georgia surrogacy laws that may affect you, and how to safely navigate the legal processes.

When first considering becoming a parent via surrogacy or becoming a surrogate, many residents ask, “Is Georgia a surrogacy-friendly state?”

Surrogacy laws in the United States do vary from state-to-state. However, in the state of Georgia, surrogacy laws haven’t been formally established.

But don’t let that worry you. Many intended parents and surrogates in Georgia have safely and successfully completed this family-building process, and chances are good that you can, too!

You’ll still need to work with an experienced surrogacy professional, regardless of the lack of surrogacy laws in GA. Please note: The information below is a just an overview of the rules and regulations of surrogacy in Georgia, so you should always contact a surrogacy attorney if you have any legal issues with surrogacy or any questions about Georgia surrogacy law.

Here are some of the most commonly asked questions about surrogacy laws in Georgia:

“Is Surrogacy Legal in Georgia?”

Yes. Although there aren’t any established Georgia surrogacy laws, courts are generally favorable toward gestational surrogacy in this state. It’s becoming an increasingly common family-building option and is considered legal, despite the lack of gestational surrogacy laws in Georgia.

“Are there Traditional Surrogacy Laws in Georgia?”

Yes. Again, while there is no specific Georgia surrogacy law that regulates this type of agreement, there is also no law prohibiting it. However, even in states where it’s legal, very few professionals in the United States will complete traditional surrogacies due to the increased risks associated with this method.

“Is Compensated Surrogacy Legal in Georgia?”

Yes. There aren’t any GA surrogacy laws that outline how surrogate compensation is to be regulated, so these agreements will need to be determined amongst those involved in your situation under the guidance of your professional. So, although there aren’t any laws on surrogacy in Georgia mentioning compensation, it is permitted and regularly practiced.

“Is Same-Sex Surrogacy Legal in Georgia?”

Yes. Most of your surrogacy process would be the same as it would be for any family. But in any same-sex surrogacy situation, you should work with professionals who are experienced in LGBT family-building. There may be additional steps needed in your specific situation depending on gamete donation, working with out-of-state surrogacy partners and more.

For example, some intended parents may need to complete a second-parent adoption after their child is born via surrogacy in Georgia. While this is legal in Georgia, unmarried couples living outside of the state will not be able to take advantage of this state’s laws. Consulting with an experienced professional will help ensure that your family completes any necessary pre- or post-birth legal measures.

Creating a GA Surrogacy Contract

Some states have laws that outline what must be included in your contract for surrogacy. Georgia laws don’t specify anything about surrogacy contracts, but that doesn’t mean you can skip the most important part of the legal process!

The intended parent(s), the gestational surrogate, her spouse (if she’s married) and the individual attorneys of the two parties will all need to be involved in the creation of a Georgia surrogacy legal contract. This must be completed prior to starting any medical processes.

Contracts cover a number of important decisions, like compensation, the expectations regarding contact, the risks and responsibilities that each party agrees to, what everyone agrees to do in the event of potential complications and more. Your attorney will walk you through this stage and make sure that every aspect of your journey adheres to any legal requirements.

Determining Legal Parentage in Georgia

To establish the legal parental rights of the intended parents, there are pre-birth (and sometimes post-birth) legal measures that will need to be completed. This usually takes place in the form of parentage orders, which are permitted in Georgia and are relatively easy for hopeful parents to obtain.

Whatever your individual situation, you’ll need the help of an experienced professional to help you navigate the lack of detailed Georgia surrogacy laws. Contact a professional to learn more about the laws that may affect your ability to pursue surrogacy as a hopeful parent or surrogate.