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ASSISTED REPRODUCTIVE TECHNOLOGY LAW
Clients who are looking to create their family using sperm and/or egg donations, and/or through the use of a traditional surrogate or gestational carrier must have legal representation throughout the process. Assisted reproductive technology (or ART) is a developing body of law in Georgia and throughout the United States, and clients should consult a lawyer before starting any medical procedure. (See legal note at the bottom of this page.) SPERM DONOR AGREEMENTS: Intended Parents (or IP) who decide to use a known sperm donor should finalize a sperm donor agreement. In this agreement, the parties identify who is intended to be the legal parents of the unborn child, what, if any, involvement the donor will have with the child, and whether the identity of the donor will be revealed to the child or other family members. In addition, the donor agreement has important waivers of rights concerning custody, visitation and child support. Finally, the donor agreement has provisions whereby the donor agrees to cooperate in any legal proceedings necessary to establish parentage of the IP, including first and second-parent adoptions. EGG DONOR AND/OR SURROGACY AGREEMENTS: Intended Parents may use an egg donor, a traditional surrogate, or a gestational carrier to have a child. The unborn child may or may not be related to the IP genetically, and may or may not be carried to term by an IP. All parties concerned must enter into negotiations and finalize the necessary agreements, prior to beginning any medical procedures. In addition to the provisions identified above (see Sperm Donor Agreements), the parties must reach a consensus as to monetary compensation for the egg donor and/or surrogate, as well as any ground rules concerning the surrogate's lifestyle choices during the pregnancy, i.e. use of cigarettes, alcohol, over-the-counter or prescription drugs, etc. PRE-BIRTH PARENTAGE ORDERS: Intended Parents who use a traditional surrogate or gestational carrier should have a court enter a pre-birth parentage order (or PBO) during the third trimester of the pregnancy. The PBO requires the hospital and the Department of Health to enter the name of the IP on the child's birth certificate, so that the IP is considered the child's legal parent(s) at birth. The PBO process should be commenced no later than the beginning of the second trimester. SECOND PARENT ADOPTIONS: Intended Parents who are a same sex couple will need to complete a second parent adoption (or 2PA) after the birth of the child. For lesbians using a known or anonymous donor, the attorney will obtain medical affidavits concerning the use of artificial insemination from the biological mother's physician, and, if necessary, obtain voluntary surrenders or court-ordered terminations concerning the parental rights of a known donor. For gay men using an egg donor and surrogate or traditional carrier, the attorney will obtain all necessary surrenders. In both cases, the 2PA will be completed two to three months after the birth of the child. In the end, both IP will have their names listed on the Georgia birth certificate. (Note: if the child is born to a surrogate in another state, the laws of that birth state will apply as to whether a same sex couple's name can be listed on the birth certificate.) See our Adoption page for more information on the second parent process. Legal Note: ART is a developing area of law in Georgia. While there exists some legislation concerning the rights of intended parents, donors, surrogates and carriers, the human needs of nontraditional families far exceed the legislative provisions currently available. All parties involved should consult an attorney concerning the legality and enforceability of all ART agreements and pre-birth orders.
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3128 Clairmont Road N.E. Atlanta, GA 30329