Pursuing Surrogacy in Georgia involves a series of legal, medical, and logistical considerations. Georgia, particularly the state of Georgia in the U.S. and the country of Georgia, has different legal frameworks and processes for surrogacy. I’ll cover what you need to know for both options.

Surrogacy in the U.S. (State of Georgia)

If you’re considering surrogacy in the state of Georgia, here’s what you should be aware of:

1. Legal Landscape

  • Surrogacy Agreements: Georgia is considered a surrogacy-friendly state, but it’s still essential to have a legally binding contract with the surrogate. This agreement outlines the rights, responsibilities, and expectations of both the intended parents and the surrogate.
  • Pre-Birth Orders: In Georgia, intended parents can secure a pre-birth order, which establishes their parental rights before the child is born. This order is particularly important in cases where the intended parents are not genetically related to the child.
  • Legitimacy of the Agreement: The surrogacy agreement needs to be clear and legally sound. Georgia courts generally recognize and enforce surrogacy contracts, but the agreement should comply with local laws.
  • Traditional vs. Gestational Surrogacy: Gestational surrogacy, where the surrogate carries an embryo created via IVF and is not genetically related to the child, is more common and legally straightforward than traditional surrogacy (where the surrogate uses her own egg).

2. Eligibility of Surrogate

  • Surrogates must be at least 21 years old and have had at least one healthy pregnancy.
  • The surrogate must be physically and mentally capable of carrying a pregnancy to term, and she should pass medical and psychological screenings.
  • Surrogates typically must not be involved in more than five pregnancies (including their own children and previous surrogacy pregnancies).

3. Financial Considerations

  • Compensation: Surrogates in Georgia are compensated for their time, medical expenses, and other costs associated with the pregnancy. The compensation package should be outlined in the contract.
  • Legal Costs: There are legal fees involved in preparing the surrogacy agreement, securing a pre-birth order, and other legal documentation.
  • Medical Costs: All medical expenses for the surrogate’s health and pregnancy-related care should be covered by the intended parents, typically through an escrow account.

4. Medical Process

  • IVF Clinics: You’ll need to work with an experienced IVF clinic to perform in vitro fertilization and create an embryo for implantation. Georgia has several IVF clinics that specialize in assisted reproductive technologies.
  • Health Risks: As with any pregnancy, there are health risks for both the surrogate and the child. Ensure that you choose a reputable clinic and medical team.

5. Parental Rights

  • After the birth, the intended parents are usually able to have their names listed on the birth certificate, either through the pre-birth order or by finalizing adoption procedures if necessary.
  • The surrogate’s legal rights to the child are typically terminated through the surrogacy contract and by the court, if applicable.

Surrogacy in the Country of Georgia

The country of Georgia, located at the intersection of Europe and Asia, is another surrogacy destination due to its more relaxed regulations and affordability.

1. Legal Framework

  • Legal Acceptance: Surrogacy is legal in Georgia, and both international and local couples can enter into surrogacy arrangements. However, only gestational surrogacy is permitted—traditional surrogacy is not allowed.
  • Parental Rights: Intended parents are recognized as the legal parents from birth. Georgia has progressive laws in place that allow the intended parents to be listed on the birth certificate without the need for further legal procedures.

2. Eligibility of Surrogate

  • Surrogates in Georgia must be at least 21 years old and meet certain health and psychological criteria.
  • They typically must have had at least one child of their own and be in good physical and mental health.
  • There are no strict limitations on the number of pregnancies a surrogate can have.

3. Financial Considerations

  • Cost of Surrogacy: Surrogacy in Georgia is often more affordable than in the U.S. The cost typically includes medical expenses, surrogate compensation, legal fees, and clinic fees.
  • Surrogate Compensation: Surrogates are compensated for their time, effort, and expenses, and the compensation package is agreed upon upfront in the surrogacy agreement.

4. Medical Process

  • The process involves IVF, with embryos being implanted into the surrogate. There are multiple IVF clinics in Georgia with a strong reputation for success.
  • The country’s healthcare system is generally advanced, with high-quality medical care available at a lower cost compared to Western Europe or North America.

5. Legal and Birth Procedures

  • Birth Certificate: Intended parents can obtain a birth certificate listing them as the legal parents of the child, without requiring adoption after birth.
  • Legal Considerations: Intended parents should consult with legal experts familiar with Georgian law to ensure their parental rights are secure. This is especially important for international parents.