Georgia Fertility & Surrogacy Law
Trusted Legal Support for Intended Parents, Surrogates, and Donors in Georgia
Georgia is widely regarded as a surrogacy-friendly state. Although there is no specific surrogacy statute, gestational surrogacy has been successfully practiced for decades. Courts routinely recognize well-drafted agreements, and parentage orders are commonly issued, making Georgia a stable and predictable environment for intended parents, surrogates, and donors.
At Fertility & Surrogacy Legal Group, APC (FSLG), our attorneys provide clear, proactive legal guidance to help families move forward with confidence.
Why Georgia Is Supportive of Modern Family Building
Georgia’s legal landscape creates a stable environment for surrogacy and assisted reproduction:
Gestational surrogacy is legally permitted and widely practiced
Surrogacy contracts are recognized and enforceable
Compensated arrangements are allowed
Parentage orders are commonly granted
Both married and unmarried intended parents may participate
LGBTQ+ parents and single parents can build families through surrogacy
Donor conception is recognized, with donors not treated as legal parents
Hospital and vital records systems support ART-related parentage documentation
While Georgia lacks a formal surrogacy statute, long-standing practice and court acceptance make the state a reliable option for intended parents.
Surrogacy in Georgia: What You Can Expect
Intended Parents
Georgia courts frequently grant parentage orders, establishing legal parentage before or shortly after birth. When donor gametes are used, the process remains available but may vary depending on the judge.
Gestational Carriers (Surrogates)
Surrogates receive strong contractual protections, and agreements clearly define medical, financial, and parental expectations to safeguard everyone involved.
Egg, Sperm & Embryo Donors
Georgia recognizes donor conception through a clear legal framework ensuring that donors—when medical and legal steps are properly followed—are not treated as legal parents.
Who We Assist in Georgia
FSLG supports the full range of individuals and partners involved in assisted reproduction, including:
LGBTQ+ Family Protections in Georgia
Georgia does not restrict LGBTQ+ participation in surrogacy or donor conception. FSLG provides:
- Equal access to parentage tools for same-sex, transgender, and nonbinary parents
- Guidance for families using donor gametes
- Second-parent and stepparent adoption services when needed to strengthen parental rights
- Support for out-of-state LGBTQ+ clients delivering in Georgia
Clients may also explore:
Your Path to Legal Parentage in Georgia
Parentage Orders in Georgia
Courts commonly issue parentage orders—pre-birth or post-birth—even without a specific surrogacy statute.
Important notes:
- Some judges require a hearing; others do not
- Donor gametes do not prevent a parentage order, though procedures vary by judge
- Parentage orders are available if the birth occurs in Georgia or the surrogate resides in Georgia
- Georgia vital records will honor parentage orders from other states
Hospital & Vital Records Coordination
FSLG ensures:
- Correct parentage documentation is delivered to hospitals
- Staff apply the court order correctly
- The birth certificate is issued promptly and accurately
Georgia can issue birth certificates within a few days after delivery.
For International Intended Parents Delivering in Georgia
International families frequently complete surrogacy arrangements in Georgia.
FSLG provides support with:
- Vital records coordination
- U.S. passport issuance
- Home-country documentation
- Guidance on returning home safely and compliantly
Donor Agreements
We prepare or review:
- Egg Donation Agreements
- Sperm Donation Agreements
- Embryo Donation Agreements
These agreements establish clear expectations and secure all parental rights.
Funds & Financial Management
Our in-house escrow system ensures:
- Secure management of funds
- Compliance with Georgia norms for compensated surrogacy
- Full transparency at every stage
Passport & Travel
If your child is born in Georgia and you live elsewhere, we guide you through:
- Birth certificate processing
- Passport documentation
- Travel preparation
Frequently Asked Questions: Georgia Surrogacy Law
Is surrogacy legal in Georgia?
Yes. Surrogacy is permitted and widely practiced, though Georgia does not have a surrogacy statute.
Does Georgia allow compensated surrogacy?
Yes. Georgia has successfully completed compensated arrangements for more than 25 years.
Can LGBTQ+ intended parents build families through surrogacy in Georgia?
Yes. Georgia is supportive of LGBTQ+ parents, and parentage orders are commonly granted.
Are donor gametes allowed?
Yes. Donor gametes are allowed. Some judges may require additional steps when donor gametes are used, but parentage is still achievable.
Are hearings required?
Sometimes. It depends on the courthouse and judge assigned. Many parentage orders proceed without a hearing.
Can Georgia issue a parentage order if only the surrogate lives in the state?
Yes. Birth or surrogate residence typically establishes eligibility.
Legal Summary: Georgia Surrogacy & Parentage Law
Statutes / Codes
(Georgia has no dedicated surrogacy statute; the following govern related areas)
- No surrogacy statute — surrogacy governed by contract
- O.C.G.A. § 19-8-1 et seq. — adoption laws relevant to second-parent and stepparent adoption
- O.C.G.A. § 19-7-21 — embryo donation statute
Surrogacy Status
- Gestational surrogacy permitted
- Contracts recognized and enforceable
- Compensated and altruistic surrogacy allowed
- Traditional surrogacy not prohibited (adoption required)
Parentage Orders
- Pre-birth and post-birth orders available
- Hearing requirements vary by judge
- Donor gamete use does not bar parentage
Donor Conception
- Donors are not legal parents when medical/legal steps are followed
Birth Certificates
- Same-sex parents may be listed as “Parent / Parent”
- Amended certificates can omit “amended” if ordered
Start Your Georgia Journey with Confidence
If Georgia is part of your fertility or surrogacy plan, our attorneys are ready to guide you with clarity and care.
📞 Call 619-309-2310 or complete our consultation form to begin.