Georgia does not have a comprehensive statute governing gestational-surrogacy agreements, compensation, screening, or a uniform parentage petition. Courts are reported to grant pre-birth orders in many circumstances, but that is practice rather than a statewide statutory entitlement.
State surrogacy outlookNo comprehensive statewide framework
What to know about surrogacy in Georgia
The state has no comprehensive gestational-surrogacy statute, so contracts and parentage procedures depend more heavily on current case law and local court practice.
The legal pathway at a glance
01
Agreement and compensation
Georgia law does not clearly authorize, prohibit, or establish enforceability standards for compensated gestational-surrogacy agreements. The written agreement can document intent and responsibilities, but it should not be represented as guaranteeing parentage or a particular remedy.
02
Intended-parent eligibility
No surrogacy statute sets intended-parent age, marriage, genetic, or residency requirements. Georgia's assisted-reproduction legitimacy statute addresses written spousal consent to assisted reproduction within marriage, not every surrogacy configuration, and current court treatment should be confirmed for unmarried or non-genetic intended parents.
03
Parentage and birth records
Pre-birth parentage orders are reported in many Georgia courts, including for varied family configurations, but there is no comprehensive statute requiring a court to grant one. A non-genetic intended parent may need a post-birth adoption or confirmatory order depending on the judge, county, and facts.
Georgia
Important Georgia differences
01
Confirm the birth county's current practice
Choose the expected delivery county early and have counsel confirm its current petition, evidence, hearing, and timing requirements.
02
Do not stretch the assisted-reproduction presumption
O.C.G.A. § 19-7-21 helps spouses who consent to assisted reproduction but is not a gestational-carrier agreement act.
03
Map every genetic connection
Genetic relationships and marital status can affect which parentage or adoption route a court accepts.
Intended parents
How to get started in Georgia
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
1
Confirm the Georgia legal path first
Ask Georgia assisted-reproduction counsel in the expected birth county to confirm current pre-birth-order practice for the exact marital and genetic configuration, then document an adoption or post-birth backup before treatment.
2
Confirm who may use that pathway
No surrogacy statute sets intended-parent age, marriage, genetic, or residency requirements. Georgia's assisted-reproduction legitimacy statute addresses written spousal consent to assisted reproduction within marriage, not every surrogacy configuration, and current court treatment should be confirmed for unmarried or non-genetic intended parents.
3
Complete screening and contracts before treatment
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. Georgia law does not clearly authorize, prohibit, or establish enforceability standards for compensated gestational-surrogacy agreements. The written agreement can document intent and responsibilities, but it should not be represented as guaranteeing parentage or a particular remedy.
4
Map the parentage and birth-document timeline
Pre-birth parentage orders are reported in many Georgia courts, including for varied family configurations, but there is no comprehensive statute requiring a court to grant one. A non-genetic intended parent may need a post-birth adoption or confirmatory order depending on the judge, county, and facts.
Last reviewed August 15, 2026
Sources and legal authorities
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
This directory organizes local planning information. A listed location does not by itself establish medical eligibility, program acceptance, or legal approval.