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Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 8. ADOPTION · Article 2. EMBRYO TRANSFERS

19-8-41. Release of responsibility by legal embryo custodian; procedures; presumption of parentage.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo transfer. A written contract shall be entered into between each legal embryo custodian and each recipient intended parent prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract shall be signed by each legal embryo custodian for such embryo and by each recipient intended parent in the presence of a notary public and a witness. Initials or other designations may be used if the parties desire anonymity. The contract may include a written waiver by the legal embryo custodian of notice and service in any legal adoption or other parentage proceeding which may follow.#

  2. (b)

    If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.#

  3. (c)

    Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a) of this Code section, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer shall be authorized.#

  4. (d)

    A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) of this Code section shall be presumed to be the legal child of the recipient intended parent; provided that each legal embryo custodian and each recipient intended parent has entered into a written contract.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 19-8-41, enacted by Ga. L. 2009, p. 800, § 2/HB 388.

Law reviews

For note, “Carrying Capacity: Should Georgia Enact Surrogacy Regulation?,” see 54 Ga. L. Rev. 333 (2019).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 919; merge action: annotated; file SHA-256 eddc877da9f2.