State-by-State Surrogacy Laws: Surrogacy in Georgia
Are you in the process of considering whether surrogacy is right for you? There’s a lot you need to know. Whether you need the services of a surrogate to have your own children or whether you’re a woman who has dreamed of carrying a child for a grateful family, a surrogacy journey can be an extremely rewarding and fulfilling experience. If this is your first time contemplating surrogacy, it’s important to keep some things in mind, including typical requirements and protocols. The process can be overwhelming for both intended parents and surrogates, so it’s important that you become as informed as process before and during your surrogacy journey. Do extensive research and lean on available resources. Discuss the process and all of your options with your Reproductive Endocrinologist (as an intended parent) and with a licensed and qualified Assisted Reproduction attorney. Making informed decisions throughout the process is critical to a successful journey; you cannot have one without being armed with the right types of knowledge beforehand.
Nothing you read on our blog below or elsewhere should replace the personalized legal advice you get from your chosen Assisted Reproduction specializing attorney. Anyone seeking a surrogacy arrangement must discuss their unique personal situations with an attorney so that your best interests are represented and that you follow local laws. A good starting place in looking for legal representative is our attorney directory.
Read more below on how you can become a surrogate (assuming you’re qualified), how the overall process of surrogacy in Georgia typically works, and how you to begin a surrogacy journey without a third-party surrogacy agency.
Is surrogacy legal and practiced in the state of Georgia?
Yes. Although Georgia does not have specific laws governing commercial surrogacy, there are ethical and practical standards that are well established by lawyers in the state who specialize in assisted reproduction law. Georgia also has many highly rated reproductive endocrinologists and fertility clinics. These professionals are well versed in how surrogacy is used to create and expand all types of families traditional or otherwise. Because there’s no laws governing surrogacy specifically, it’s generally assumed that surrogacy agreements in Georgia are informed by general contract law, as well as thoughtful and ethical considerations.
Traditional surrogacy is also allowed as there are no local laws in the state that forbid it, though because of the genetic relationship between the surrogate and any children, proceed with caution. In general, traditional surrogacy occurs without incident, but there is always that added risk when the surrogate is the biological mother of the child(ren). Your attorney can discuss traditional surrogacy pros and cons with you in more detail.
Things that must be worked out on all sides well in advance of starting a surrogacy journey include deciding on major medical decisions (e.g. which local hospital for delivery), compensation and reimbursements for the surrogate, and prohibited activities before and during pregnancy.
Are Intended Parents able to match and complete a journey with a surrogate without using an agency in the state of Georgia?
This is an option in every state that allows surrogacy. Both surrogates and Intended Parents have many valid reasons for why going independent (forgoing a surrogacy agency) is the right choice.
In Georgia, who can utilize surrogates?
Anyone who has been advised and knows they need to utilize the services of a surrogate can do so. Pre-birth orders are generally available regardless of marital status, sexual orientation or whether there’s a direct genetic relationship to the child (e.g. when using sperm or egg donors). Your chosen surrogacy attorney can guide you in this process and confirm what your available options are.
There are thousands of families in Georgia who have undergone surrogacy journeys. You can be one of them.
Other things to know about surrogacy in Georgia:
In general, legal agreements for surrogacy are generally drafted and executed in the state the surrogate is a resident of. If you’re thinking about asking a surrogate to move to another state to access more surrogacy-friendly laws: don’t. This is at best ethically dubious and can have real-life consequences for you and any resulting child(ren), including jeopardizing legal parentage.
Anyone considering surrogacy in Georgia must be aware that abortion is currently illegal in most instances at around 6 weeks. Although there are exceptions for the pregnant woman’s life and if the fetus is not developing in a way that’s compatible with life, though this can be a subjective call and may add more risk in the event of unexpected pregnancy complications. It remains legal to travel to another state with greater Reproductive healthcare access, however, anyone doing a surrogacy journey in the state must be aware of the increased risk e.g. the potential of not being able to receive care locally in the event of an emergency.
I think I’m ready. How do I become a surrogate in Georgia?
Are you absolutely sure you’re qualified? You can take our short quiz to learn more about some of the general requirements.
As a surrogate, here are some of the many qualifications you’d likely be expected to meet:
- You can support yourself without the use of financial assistance from the government. You have reliable housing as a long-term lease or you own your own home.
- You are not a recreational drug or alcohol abuser and will abstain entirely during pregnancy.
- You are healthy and in a good mental state.
- You have a relatively easy time with pregnancy and have not experienced major complications either with your own children or as a surrogate e.g. placental abruption, post-partum depression.
- Your age is somewhere between 21-44, though age requirements may vary by individual circumstance (e.g. familial relationship with the Intended Parent) and fertility clinic.
- You have your own children.
- Your BMI is in a healthy range.
- You are a responsible and organized person and eagerly follow doctor’s orders.
- You understand why you want to be a surrogate and are confident in your decision.
If are qualified to become a gestational or traditional carrier you may be ready to match with Intended Parents. As you begin, know what your matching points are and avoid compromising on your non negotiables.
After matching and finding the perfect partner to begin your journey, legal contracts will be drafted. Remember, surrogates never pay for their own attorneys; Intended Parents must always cover the cost of a surrogate to hire an attorney of her own choosing. After medical clearance and legal are behind you, you’re ready for embryo transfer. If the stars are aligned, a pregnancy will result and delivery soon after!
Could you benefit from a step-by-step overview of the process? You’re in luck, we have one.
What are some of the reasons Independent matching and journeys are so popular with surrogates?
Still searching for more info? Find out how to become a surrogate in more detail.
Attention Intended Parent searching for surrogates in Georgia:
Surrogacy Place is here to help with our custom matching platform. Once you know what you’re looking for, you can search and match based on your requirements. Connect with as many potentials as you want so that you can be confident in your decision. If you’re looking for surrogates specifically located in Georgia, try our search-by-location tools.
Surrogacy Place’s independent matching platform is free for surrogates, while Intended Parents will pay a small subscription fee. Ready to jump in and start your journey? Register here.
Why pursue an independent surrogacy journey in Georgia?
One of the top benefits of deciding to do an independent surrogacy journey is the enormous cost savings for intended parents. Without an agency carving out a huge part of the Intended Parent’s budget for themselves, there’s often more available funds to provide higher compensations for surrogates directly. Additionally, going independent allows both intended parents and surrogates to match on specific and individual criteria, including location. Independent journeys allow for regular and direct communication enabling intended parents and surrogates to express their thoughts and needs throughout the journey. An agency and their assigned coordinator may not be well-suited, thoughtful or available when you need them. Moreover, going independent can help intended parents avoid questionable sales tactics from agencies who can oftentimes prioritize their financial stake over objectively evaluating what makes an ideal match for each side.
For those interested in a rundown of the various costs of surrogacy, we have a guide available.
Looking for surrogacy information for another state? Explore our surrogacy by state directory.