To help keep surrogacy a clear and comfortable process, many states have implemented laws regarding the practice. Currently, there are no clear surrogacy laws in Georgia. But despite the lack of laws, the surrogacy process is still a safe and legal practice. We have put together a guide to help you better understand how no surrogacy laws in Georgia can help your process and be a practical way to starta family.
If you feel ready to begin your surrogacy journey, contact us at 1-800-875-2229 (BABY).
Is Surrogacy Legal in Georgia?
While there are no specific surrogacy laws in Georgia, it is still a legal practice. Surrogacy is seen as a contract between two parties, and the courts are generally friendly toward the process. Surrogacy attorneys in Georgia specialize in the legal process to assist and protect both intended parents and surrogates.
Since surrogacy is seen as a contract in the courts, this means surrogate compensation is also legal as long as it is outlined in the contract. Working with a good surrogacy attorney will allow you to get the protection and assurance you need throughout the process.
Finding A Surrogacy Attorney in Georgia
A licensed surrogacy attorney in Georgia will help you navigate the legal process of surrogacy. Both surrogate and intended parents need their own legal counsel to represent them as they work through the surrogacy contract and any other legal aspect that is needed in the process.
Our surrogacy specialists have built a nationwide network to help you find the right surrogacy attorney for you. Our network is full of trusted attorneys who have experience in the surrogacy and reproductive industry. When you work with us, your surrogacy specialist will have a list available of appropriate Georgia surrogacy attorneys for your situation.
Surrogacy Contracts in Georgia
When it comes to your surrogacy contract, each party will be represented by their surrogacy attorney to draft the legal contract. This party happens after you’ve been matched and all necessary screening has been done. The attorneys will negotiate terms including:
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Surrogate compensation
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Expectations and responsibilities for each party
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Risks and liabilities involved
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Sensitive issues, like selective termination
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Any necessary parentage orders or adoptions after birth
These surrogacy contracts are legally binding, which means they are enforceable in court. Once everyone is happy with the terms and has signed the surrogacy contract, you are then free to pursue the medical process of surrogacy.
Georgia Surrogacy Laws on Parentage Orders
A parentage order is often done by the intended parents in the surrogacy process. This allows the intended parents to be declared the legal parents of the child before birth or at the point of birth. Most courts in Georgia will generally issue parentage declarations to all types of parents, even those with no genetic link.
Your surrogacy attorney will help you through this process. Your attorney will file paperwork during the surrogate’s second trimester. Your fertility clinic where the embryo transfer was completed will also provide an affidavit to help you obtain a pre-birth order.
Surrogacy Laws About Donors
When it comes to intended parents who choose to use a donor for the egg and/or sperm to create the embryo, you may be wondering how that will affect parentage orders or any other legal implications. According to Georgia surrogacy laws, any person who donates their gametes must release their rights prior to embryo transfer. This process is usually done at the gamete bank or fertility clinic where the donation occurs.
Working with our team means you’ll have the support and understanding to help you through the surrogacy process. We are excited to help you get started, find your trustworthy network and help you achieve your goals. Get started by filling out our quick form for intended parents and surrogates today.