Does the Surrogate Mother Have Rights in Georgia?

Surrogacy is a journey that brings hope and joy to many families, yet it also involves complex emotions and legalities. In Georgia, where surrogacy agreements are becoming more common, it’s crucial for everyone involved — the surrogate mother and the family she’s helping — to understand the legal process so disputes and issues don’t arise.

But does the surrogate mother have rights in Georgia? The answer lies in the delicate balance of the contractual arrangement. Surrogacy isn’t just a medical process; it’s a commitment that involves legal, emotional, and ethical issues. For the surrogate mother, it’s about understanding her rights and ensuring her well-being is protected. For the family longing for a child, it’s about comprehending their responsibilities and the legal processes that will make their dream of parenthood a reality.

Without a clear and well-defined legal arrangement, the surrogacy process could become complicated, and issues may arise. 

Overview of Surrogacy in Georgia

Surrogacy is a path taken by many to create a loving family. It is a process where one woman carries and gives birth to a child for someone else. 

There are two main types of surrogacy:

  • Traditional Surrogacy: Here, the surrogate mother is also the biological mother of the child. Her own egg is fertilized through artificial insemination. This type of surrogacy is less common and can involve more complex legal and emotional considerations because the surrogate is genetically related to the child.
  • Gestational Surrogacy: In this scenario, the surrogate mother carries a child to whom she has no genetic connection. The egg and sperm usually come from the intended parents or donors, and the embryo is created using IVF (In Vitro Fertilization) techniques. This is the most common form of surrogacy in Georgia and elsewhere.

Georgia stands out as one of the states with a relatively surrogacy-friendly legal atmosphere. There is no specific law protecting surrogate rights or family rights. Instead, the rights and responsibilities of the surrogate mother and the intended parents must be outlined in formal contracts. 

For surrogate mothers and intended parents alike, a clear understanding of these laws is crucial. It ensures that the rights and responsibilities of all parties are clearly defined and protected. For surrogate mothers, it’s about knowing their rights concerning compensation, medical care, and post-birth arrangements. For intended parents, it’s about understanding the legal path to recognizing them as the child’s lawful parents. This clarity helps prevent misunderstandings and legal complications, making the surrogacy journey smoother and more secure for everyone involved.

Legal Rights of Surrogate Mothers in Georgia

The surrogacy contract primarily governs the legal rights of surrogate mothers in Georgia. Given the absence of specific state statutes, these agreements become crucial because they outline the surrogate’s rights, responsibilities, and protections. Surrogate mothers must talk to a family law lawyer before becoming a surrogate to ensure their rights are comprehensively protected in these agreements.

Ideally drafted with the help of a family law lawyer, this contract should outline every aspect of the surrogacy arrangement. The contract should be clear, comprehensive, and tailored to address the specifics of this family and surrogate’s journey. Key elements include:

  • The duration of the agreement
  • The surrogate’s responsibilities during pregnancy
  • Any lifestyle stipulations (such as dietary or activity restrictions)
  • Parental rights
  • Fees and Compensation

One of the most critical aspects of surrogacy law pertains to parental rights. In many cases, surrogacy agreements in Georgia will include a provision where the surrogate mother agrees to relinquish any parental rights upon the child’s birth. 

Another crucial aspect is the compensation of the surrogate mother. This includes the surrogate’s base fee, any additional payments for medical procedures, and coverage of medical and ancillary expenses related to the pregnancy. The agreement about compensation must be transparent to prevent misunderstandings and ensure that the surrogate’s rights and efforts are fairly acknowledged.

Hiring a Family Lawyer is Crucial During the Surrogacy Process

A family lawyer with experience in surrogacy and reproductive law is instrumental in drafting a comprehensive contract. This contract is the bedrock of the surrogate’s rights and responsibilities. A lawyer ensures that the agreement is fair and adheres to legal standards. They meticulously review terms related to compensation, medical care, parental rights, and any potential legal issues that could arise. This is crucial in Georgia, where surrogacy laws are guided by case law and contracts rather than specific statutes.

Contact Our Atlanta Family Law Attorney Today

If you are concerned about surrogacy rights and your family, contact our family law attorneys immediately. A family law attorney at Hobson & Hobson, P.C., can help you through any legal issues that might arise during surrogacy. 

To schedule a consultation, please call us at (770) 284-6153 or fill out our confidential contact form. We are here to help you simplify the divorce process and take the burdens off of your shoulders.


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