Key Takeaways
- Georgia is a surrogate-friendly state, but there are no standardized laws in the state.
- Every county makes independent rulings, mostly based on case precedent.
- Comprehensive contracts are a requirement and must be completed before any medical procedures begin.
Surrogacy is a top choice for couples to grow their family if they have been struggling to have a baby or if their lifestyle choices require it. If you are a local looking into this, you may be wondering, “Is surrogacy legal in Georgia?” and “What are the surrogacy laws in Georgia?”
The short answer is yes, surrogacy is legal in the state. However, it is important to note that there are no statutes in place yet. So what happens if you choose surrogacy as part of your family-building blocks?
Georgia’s Stance on Surrogacy
While there are no laws that govern surrogacy in Georgia, it cannot be described as a fence-sitter state. In fact, it has been described as a surrogacy-friendly state because the courts often grant pre-birth orders and have consistently enforced surrogacy contracts.
There has been fair and equal treatment of all types of couples and individuals, including unmarried individuals and LGBTQ+ couples. Although there are no set surrogacy laws in Georgia, the courts rely heavily on contract law and legal precedents. The legal outcomes are almost always reliable and supportive.
An Overview of the Benefits
While having a legal framework to work within is often easier, as it gives you a straightforward path to follow, relying on contract law could be a blessing for some. It basically means that the single most important requirement to ensure that the surrogacy is legal in Georgia is to have a solid contract in place. This will help you see some of the benefits.
- Surrogacy becomes an option for all types of individuals and couples, as the surrogacy laws in Georgia do not restrict anyone based on their gender, marital status, or lifestyle preferences. It is available to married couples, unmarried couples, single individuals, and LGBTQ+ parents equally.
- The equality policy also means that if you use an egg or sperm donor (or both), the surrogacy contracts are not undermined or compromised in any way.
- Parentage is easily established, as pre-birth orders are generally granted by the courts. This means that the intended parents’ names go on the birth certificate, and they become the legal parents from the moment of birth.
- Getting a pre-birth order removes any need for post-birth orders or adoption procedures.
- Because there are no surrogacy laws in Georgia prohibiting compensated surrogacy, the courts will uphold these agreements, ensuring that the surrogate is also financially protected.
Surrogacy Contracts
Overall, surrogacy is fully legal in the state. This is good news for anyone wanting to grow their family through surrogacy. However, it is essential that contracts be put in place, as this will determine whether or not the surrogacy is legal in Georgia.
The main legal factors
There are a few main legal requirements.
- The contract must be negotiated and signed by everyone before any medical procedures take place.
- Each party needs to have independent legal representation to protect them under Georgia’s surrogacy laws.
- If the surrogate is married, her spouse must consent to the surrogacy and give up any parental rights.
- It must be explicitly stated in the contract that the intended parents are the only ones with legal parental rights from the time of the baby’s birth. This is crucial if you wish to obtain a pre-birth order.
Additional legal factors
As there is no legal structure for surrogacy, it is helpful to look at how other surrogate-friendly states handle these matters. For instance, there are other terms that are covered in their legal contracts. Of course, if your lawyer is familiar with Georgia’s surrogacy laws and experienced in family and fertility matters, then they will ensure all factors are covered in the contract.
Is surrogacy legal in Georgia without a contract? Fortunately, a contract is the most important requirement. As it forms the basis for everything, that contract needs to include even the minutest detail. While it’s impossible to cover everything, some things realistically should be included.
- A detailed breakdown of all financial terms needs to be provided. This includes everything from basic compensation to lost wages and health insurance.
- Where the baby will be born is a very important decision. The birth state becomes the governing state, and if the baby is born out of state, then the surrogacy laws in Georgia would be forfeited, and the birth state’s rules would apply.
- If the intended parents want to be present at the birth, this needs to be agreed on as well. Any hospital arrangements need to be negotiated and finalized before the surrogacy proceeds.
- Any medical decisions that could affect the surrogacy need to be included, too. Things like selective reduction and emergency care are essential points to cover early in the process.
- Other important things to include would be dietary restrictions, lifestyle choices, and even travel limitations.
Safeguards for All Parties
All you want to do is grow your family, and without any standardized surrogacy laws in Georgia, you may feel a little worried about things like finding the right surrogate and protecting your finances. This is something you really don’t have to worry about when you work with a surrogacy agency like Family Creations.
The Process
We understand that surrogacy is legal in Georgia if done the right way. We have over 20 years of experience in creating perfect matches to grow your family. Because contract law is the foundation for any surrogacy, we have a strict and straightforward screening process for any potential surrogates and intended parents.
Screening
Any potential surrogate needs to undergo medical and psychological screenings. We do background checks, too, so that all of Georgia’s surrogacy laws and requirements are met. Our initial screening lets us meet great potential surrogates, but further evaluations bring us the cream of the crop.
Finances
We will put any funds for the surrogacy in an escrow account in line with legal requirements. Funds will be paid as and when required. This way, your financial investment stays safe, and the surrogate is guaranteed her compensation, too.
Choose Family Creations
A great benefit that you have because there are no rigid laws in place is that you can choose to work with a premier surrogacy agency like Family Creations. We have over 20 years of experience in making family dreams come true. Our understanding and experience with Georgia’s surrogacy laws mean we can guide you through every step of your surrogacy journey.
We will also be able to introduce you to our network of attorneys and fertility clinics. This gives you access to some of the best legal and medical minds in the reproductive sphere. And Family Creations is here to help you make it happen. Fortunately, surrogacy is legal in Georgia when you work with an experienced, caring surrogacy agency.
Let’s Get Started
It’s fairly simple to get started. Whether you want to become a surrogate to help intended parents’ dreams come true, or you want to start your own family, the first step is to register on our website. As there are no set surrogacy laws in Georgia, we are here to guide you through each step of the journey to ensure it is legally sound.
- For registration, we have set up a secure online portal with space for surrogates and intended parents to register. You can also contact us with any questions. And then your journey really begins.
- We will help you find the perfect match. The perfect match would align with your requirements and your vision of how things could work.
- The next step is doing medical and psychological screenings and background checks.
- Once we’ve found your perfect match, the legal contracts would need to be drafted, signed, and notarized to comply with surrogacy laws in Georgia. This legal step is the most important to ensure that the surrogacy is legal in Georgia.
- As soon as the ink is dry, the medical procedures can begin. When the surrogate is pregnant, there will be regular checkups and pregnancy monitoring.
- Around 24 weeks into the pregnancy, the legal team will file for a pre-birth order. The contract must clearly state the names of the intended parents, and in most cases, the courts will grant the order. This will then be sent to the birth hospital so they are also prepared.
- When the baby is born, the intended parents immediately become the legal parents under the surrogacy laws in Georgia and can take their baby home.
Final Thoughts
Starting a family is exciting, but you need the right surrogacy agency to guide you through the process. With their support, your baby can be on its way soon. While there are no structured statutes, there are still contract laws to guide and protect you. Contact Family Creations today and let us help you grow your family.
FAQs
Is traditional surrogacy legal in Georgia?
Traditional surrogacy is not illegal, but it is also not popular. It’s harder to get a pre-birth order for a traditional surrogacy under Georgia’s surrogacy laws, which means a post-birth adoption would be necessary.
What if a surrogate’s health insurance contains a surrogacy exclusion clause?
If a policy excludes surrogacy pregnancies, the intended parent must purchase a specialized, surrogate-friendly insurance policy to cover the medical and delivery expenses.
Does the specific county where the surrogate gives birth affect the pre-birth order process in Georgia?
Yes, the county would affect the pre-birth order. Judges in different counties will rule as they believe is best. Some courts may just require the signed contracts, while others may want a hearing before the ruling.
