---
title: O.C.G.A. § 43-34-37. Persons authorized to perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction; limited immunity from civil liability; criminal penalty for unauthorized persons.
collection: code
id: 43-34-37
cite_as: O.C.G.A. § 43-34-37 (2025)
canonical_url: https://georgiacommons.org/code/43-34-37
md_url: https://georgiacommons.org/code/43-34-37.md
text_url: https://georgiacommons.org/code/43-34-37/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t43-ch33-51-(v30a)-pdf.pdf?sfvrsn=a025eeeb_0#page=67
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROFESSIONS AND BUSINESSES / PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE / MEDICAL PRACTICE
---

# O.C.G.A. § 43-34-37. Persons authorized to perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction; limited immunity from civil liability; criminal penalty for unauthorized persons.

(a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction upon any female human being. Any other person or persons who shall attempt to administer or perform or who shall actually administer or perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years.

(b) Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him or her to perform or administer artificial insemination, in vitro fertilization, or other similar method of assisted reproduction shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction for the result or results of said artificial insemination, in vitro fertilization, or other similar method of assisted reproduction, provided that the written authorization obtained shall not relieve any physician or surgeon from any civil liability arising from his or her own negligent administration or performance of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction.

## History

Code 1933, § 74-101.1, enacted by Ga. L. 1964, p. 166, § 1; Code 1981, § 43-34-42; Code 1981, § 43-34-37, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2010, p. 878, § 43/HB 1387; Ga. L. 2025, p. 806, § 22/HB 327, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, in subsection (a), inserted “, in vitro fertilization, or other similar method of assisted reproduction” in the first and second sentences; and in subsection (b), inserted “, in vitro fertilization, or other similar method of assisted reproduction” in three places, inserted “in vitro fertilization, or other similar method of assisted reproduction,” and substituted “obtained” for “provided for in this Code section”.