Georgia Surrogacy Laws 2026

Understanding surrogacy laws in Georgia

Welcoming a child through surrogacy is a profound and life-changing journey—one that deserves clarity, compassion, and unwavering support. Georgia surrogacy laws in 2026 continue to offer a stable, inclusive, and transparent legal environment for both Intended Parents and Surrogates. Whether you’re dreaming of growing your family or considering the generous act of becoming a Surrogate, you can feel confident knowing that Georgia’s legal framework is designed to protect your rights, your safety, and your peace of mind.

Georgia stands out as a surrogacy-friendly state, with clear statutes and court precedents that support gestational surrogacy arrangements. The law prioritizes the well-being of all parties, ensuring that every step—from matching to parentage—is handled with care, respect, and legal certainty. As you explore your options, you’ll find that Georgia’s approach to surrogacy is rooted in fairness, transparency, and a deep commitment to family-building.

Who can pursue surrogacy in Georgia

Georgia’s surrogacy laws are intentionally inclusive, welcoming a diverse range of Intended Parents and Surrogates. Here’s what you need to know about eligibility:

• Intended Parents: Both married and unmarried couples, as well as single individuals, are eligible to pursue surrogacy in Georgia. There are no explicit restrictions based on marital status, sexual orientation, or gender identity. This means that LGBTQ+ individuals and couples are fully supported under Georgia law.
• Age and residency: While there is no strict age or residency requirement for Intended Parents, most agencies and clinics recommend that Intended Parents be at least 21 years old and able to demonstrate emotional and financial readiness for parenthood.
• Surrogates: Women who wish to become Surrogates must typically be between 21 and 40 years old, have had at least one healthy pregnancy, and pass comprehensive medical and psychological screenings.

These inclusive policies reflect Georgia’s commitment to helping all families—regardless of background—feel welcomed and protected throughout their surrogacy journey. Every safeguard is in place to ensure that your path to parenthood is supported, safe, and legally secure.

Types of surrogacy recognized in Georgia

Georgia recognizes and supports gestational surrogacy as the primary legal form of surrogacy. Here’s what that means for you:

• Gestational surrogacy: In this arrangement, the Surrogate (gestational carrier) has no genetic relationship to the child. The embryo is created using the Intended Parents’ or donors’ egg and sperm, then transferred to the Surrogate’s uterus. This is the most common and legally protected form of surrogacy in Georgia.
• Traditional surrogacy: While not explicitly prohibited, traditional surrogacy—where the Surrogate’s own egg is used—is far less common and not recommended due to increased legal and emotional complexities. Most reputable agencies and legal professionals in Georgia advise against traditional surrogacy to ensure clear parentage and minimize risk.

By focusing on gestational surrogacy, Georgia law provides a clear, secure path for Intended Parents and Surrogates alike. This clarity helps everyone involved feel confident and protected from the very beginning.

Legal rights and protections for Intended Parents

Georgia surrogacy laws are designed to give Intended Parents the legal certainty and peace of mind they deserve. Here’s how your rights are protected:

• Enforceable surrogacy agreements: Georgia courts recognize and enforce gestational surrogacy contracts, provided they are drafted with full consent and legal counsel for all parties. These agreements outline the rights, responsibilities, and expectations of both Intended Parents and Surrogates, ensuring transparency and fairness.
• Pre-birth orders: Intended Parents can obtain a pre-birth parentage order, which legally establishes their parental rights before the child is born. This means your names will appear on the birth certificate from day one, and you’ll have immediate legal recognition as your child’s parents. There may be some variation from county to county that can be assessed by your attorney.
• Comprehensive legal support: Georgia requires that both Intended Parents and Surrogates have independent legal representation. This ensures that everyone’s interests are protected and that the process is fully informed and voluntary.

These legal protections are more than just paperwork—they are the foundation of a safe, respectful, and joyful surrogacy experience. You can move forward knowing that your family’s future is secure.

Surrogate requirements and protections in Georgia

Surrogates in Georgia are valued, respected, and protected every step of the way. The state’s surrogacy laws and best practices ensure that Surrogates are fully informed, supported, and safeguarded throughout their journey.

Key requirements for Surrogates:

• Must be between 21 and 40 years old
• Have had at least one prior healthy pregnancy and delivery
• Pass thorough medical, psychological, and background screenings
• Be a non-smoker and maintain a healthy lifestyle
• Have independent legal counsel to review and negotiate the surrogacy agreement

Protections for Surrogates:

• Comprehensive health insurance: Surrogacy contracts in Georgia must address medical coverage for the Surrogate, including pregnancy, delivery, and any complications.
• Fair compensation: Surrogates are entitled to agreed-upon compensation, covering medical expenses, lost wages, and other related costs.
• Emotional support: Agencies and clinics provide ongoing counseling and support to ensure Surrogates feel cared for and empowered.

These requirements and protections are in place to honor the Surrogate’s generosity and ensure her well-being—physically, emotionally, and legally—at every stage.

Establishing parentage and birth certificate process

One of the most reassuring aspects of Georgia surrogacy laws is the clear, efficient process for establishing parentage and securing your child’s birth certificate.

How it works:

1. Pre-birth parentage order: Before the baby is born, your attorney will file for a pre-birth order with the court. This legal document names the Intended Parents as the child’s legal parents.
2. Hospital procedures: When your child is born, the hospital staff will follow the court order, ensuring the Intended Parents are recognized immediately.
3. Birth certificate issuance: The Intended Parents’ names are placed directly on the birth certificate, with no need for post-birth adoption or additional legal steps.

This process is designed to be seamless and stress-free, allowing you to focus on welcoming your child with confidence and joy. Every legal safeguard is in place to ensure your family’s rights are recognized from the very first moment.

Ready to begin your surrogacy journey in Georgia?

Take the next step with confidence and care

Choosing surrogacy is a deeply personal decision—one that deserves expert guidance, unwavering support, and absolute peace of mind. At Hatch, we’re here to walk beside you every step of the way, offering the legal expertise, compassion, and transparency you need to feel safe and empowered.

Whether you’re an Intended Parent or a potential Surrogate, you can trust Hatch to honor your journey, protect your rights, and celebrate your family’s future. Let’s build your dreams together—safely, confidently, and with the respect you deserve.

Begin your surrogacy journey in Georgia today—reach out to Hatch for a caring, expert partner committed to your success.

FAQs: Georgia surrogacy laws

• Is compensated surrogacy legal in Georgia?
  Yes, compensated gestational surrogacy is legal and widely practiced in Georgia. Surrogates receive fair compensation as outlined in the surrogacy agreement.
• Do Intended Parents need to be married to pursue surrogacy in Georgia?
  No, Georgia surrogacy laws do not require Intended Parents to be married. Single individuals and unmarried couples are welcome.
• Are LGBTQ+ Intended Parents protected under Georgia surrogacy laws?
  Absolutely. Georgia’s laws are inclusive and supportive of LGBTQ+ individuals and couples seeking to build their families through surrogacy.
• How is parentage established for Intended Parents in Georgia?
  Parentage is established through a pre-birth court order, ensuring Intended Parents are recognized on the birth certificate from birth.
• What protections are in place for Surrogates in Georgia?
  Surrogates benefit from comprehensive legal agreements, independent legal counsel, health insurance coverage, and emotional support throughout the process.