Georgia Surrogacy Laws & Policies

Category

Moderate

Gestational & Traditional Surrogacy

No statute or published case law prohibits gestational surrogacy. Courts generally accept it. Traditional surrogacy is permitted (no statute prohibits it). In practice, the biological father can often establish paternity before birth via pre-birth order. Non-biological parent (if any) must wait until after birth for stepparent or second-parent adoption.

Pre-Birth Parentage Orders

Georgia courts grant pre-birth parentage orders.

• If at least one intended parent is genetically related, both intended parents can be declared legal parents in various scenarios including married heterosexual couples (own egg & sperm or using donors), unmarried heterosexual couples, same-sex couples using donor gametes (though strong legal documentation required), and single parents if genetically related.
• If no intended parent is genetically related: married and unmarried heterosexual couples, same-sex couples, and single parents similarly possible with careful documentation.

Venue/Jurisdiction

You can file in a county that is: the intended parents’ residence, the gestational carrier’s residence, where the child is to be born, or where the embryo transfer happens. Yes, results vary by county—some judges more open to granting pre-birth orders than others. Hearing usually required, though judges may allow remote appearances. Non-residents: pre-birth order possible even if none of the parties live in Georgia, so long as the gestational carrier will deliver there.

Same-Sex Parents

Birth certificate naming is “Parent and Parent.” For international same-sex male couples, initially a birth certificate may list the biological father and gestational carrier, but only when a court order clearly excludes the carrier from being the legal mother. Later can be amended to name only the biological father(s) and remove mention of carrier. Non-biological partner in a same-sex couple cannot get second-parent adoption solely based on birth in Georgia when neither intended parent resides there. However, Georgia will likely honor a second-parent adoption order from another state by adding the second parent to the Georgia birth certificate.

Birth Certificate Timing

About two weeks, or faster if expedited

Recognition of Other States’ Orders

Georgia Vital Records likely to honor a pre-birth parentage order from another state, especially if domesticated in Georgia.

Adoption Options

For heterosexual couples: adoption considered depending on circumstances; most often need to be married. For same-sex couples: whether court grants adoption depends on the judge, and marriage often required for stepparent adoption.