Georgia

Acceptance of California Pre-birth order

Yes. The Order should be presented to the hospital who will mail the original Order to Vital Records. If the Order contemplates amendment of the birth certificate, the related language should be very clear.

The birth certificate worksheet should list the Intended Parents’ names as parents. The birth record is electronically transmitted to Vital Records within 5 days of the birth.

Birth certificate amendments take approximately 6-8 weeks to complete. No expedited processing is available. The “Affidavit for Amendment Form” must accompany the certified Order and should be mailed to “Special Services Dept.” at Vital Records.

Birth Certificates

Timing - The birth certificate is available immediately after the birth record is transmitted to Vital Records. Birth certificates may be obtained from any County or at the central Vital Records office.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.

statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. Georgia Statute § 19-8-41.

 
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  Yes.

Venue

County of the child's birthplace, county of the Intended Parent's residence, county of the GC’s residence, or county where the medical procedures pursuant to the surrogacy agreement are performed.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  Yes.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.