If you’re considering surrogacy in the United States, the state of Georgia offers several advantages that make it an excellent option for many intended parents. With supportive legal practices, a clear parentage process, and comparatively affordable costs, Georgia is increasingly recognized as a surrogacy-friendly destination.
This article provides a complete guide to surrogacy in Georgia. You’ll learn about the legal framework that protects intended parents, the requirements for surrogates and parents, the key steps in the surrogacy process, and how to choose the right agency.
Why Georgia Is a Surrogacy-Friendly State
A Legal Framework That Protects Intended Parents
Although Georgia does not have specific surrogacy legislation, its courts have established a strong and consistent practice of supporting gestational surrogacy agreements. Judges across the state routinely grant pre-birth orders that legally recognize the intended parents regardless of their marital status or genetic connection to the child. These orders are typically issued during the second trimester and ensure that the intended parents’ names appear directly on the birth certificate from the moment the baby is born.
This judicial clarity creates a dependable legal pathway that reduces stress and uncertainty for families. With proper legal representation, the entire process can be handled smoothly and with full recognition of the intended parents’ rights.
This legal protection is especially valuable for:
- Intended parents who are not genetically related to the child (e.g., using donor eggs or embryos)
- Same-sex couples or single individuals
- International parents who need legal certainty to return home with their baby
As a surrogacy-friendly state, Georgia’s approach offers both flexibility and security : two essential factors for anyone embarking on a surrogacy journey and
No Marriage Requirement for Intended Parents
In Georgia, intended parents are not required to be married to pursue surrogacy. This applies equally to single individuals, unmarried couples, and those in long-term partnerships.
This flexibility is especially important for people who may face legal barriers elsewhere, such as same-sex couples or individuals living in countries that don’t legally recognize non-traditional family structures.
What matters most is that the intended parents and surrogate enter into a valid, ethical legal agreement that clearly defines roles and responsibilities. The court’s focus is on the intention to parent, not marital status.
A Fast and Secure Parentage Process
Once a pregnancy is confirmed, intended parents, through their legal team, can file for a pre-birth order, usually between the 16th and 28th week of gestation. This legal document names them as the baby’s legal parents, so that when the child is born, their names appear directly on the birth certificate. The surrogate is not listed.
This streamlined process avoids post-birth legal steps like adoption or second-parent recognition. It also means hospitals are fully informed and ready to follow the legal framework already in place.
By the time delivery arrives, everything is already settled. Intended parents can make medical decisions, bond with their baby immediately, and return home with full legal recognition, whether they live in Georgia, another U.S. state, or abroad.
Surrogacy Requirements in Georgia
Requirements for Intended Parents
To pursue surrogacy in Georgia, intended parents must meet a few essential criteria. These requirements ensure that they are ready and capable of navigating the journey responsibly.
- Minimum Age: Must be 18 years or older.
- Medical or Personal Indication: Intended parents must have a legitimate reason to choose surrogacy. This could include infertility, a health condition that prevents pregnancy, or being a same-sex couple or single parent.
- Psychological Evaluation: Some agencies may request a psychological screening to assess emotional readiness and ensure that the intended parents understand the emotional aspects of the process.
- Financial Readiness: Intended parents should be able to cover the costs of the surrogacy journey. In some cases, proof of financial stability may be required, especially for international clients.
- Legal Preparedness: Willingness to work with legal professionals to ensure contracts, parentage, and other documents are correctly handled, especially for cross-border situations.
By meeting these criteria, intended parents create a safe and supportive foundation for their future child and for the surrogate who will carry the pregnancy.
Requirements for Surrogate Mothers
Surrogates are the heart of every surrogacy journey, and their eligibility is carefully assessed to protect their well-being and that of the baby. Agencies and clinics apply a combination of medical, psychological, and lifestyle criteria to select candidates who are physically healthy and emotionally equipped for the experience.
Typical surrogate requirements include:
- Age range: Between 21 and 40 years old (Surrogacy by Faith works with surrogates up to age 37).
- Pregnancy history: The candidate must have had at least one full-term pregnancy and be currently parenting or have parented at least one child. This shows she understands pregnancy, childbirth, and what it means to care for a child.
- Medical clearance: A complete screening is performed by a fertility clinic. It includes blood work, infectious disease testing, uterine evaluation, and general health exams. Past complications such as preeclampsia, gestational diabetes, or premature birth may disqualify a candidate.
- Psychological evaluation: Mental and emotional health is just as important as physical health. Surrogates undergo an in-depth psychological screening to ensure they are emotionally stable, understand the responsibilities of surrogacy, and are genuinely motivated by the desire to help others build a family. If you fail the psychological evaluation, it’s still possible to move forward. Many agencies offer guidance and support to try again when the time is right.
- Lifestyle and environment: Surrogates must live in a stable, surrogacy-friendly environment (typically in the U.S.), have no history of substance abuse, and lead a healthy lifestyle. Many agencies also require that they not be on government assistance and that they have a strong support system in place.
Some agencies, including Surrogacy by Faith, also take time to explore a surrogate’s values, expectations, and communication style to ensure alignment with the intended parents, which is a key part of a positive experience for everyone involved.
How Surrogacy Works in Georgia
Finding and Matching with a Surrogate
The journey typically begins by connecting with a qualified surrogate through a surrogacy agency. These agencies are responsible for recruiting, screening, and selecting candidates who meet strict medical, psychological, and lifestyle criteria. Once potential surrogates are approved, they are introduced to intended parents based on compatibility.
A first meeting, often done via video call, allows both sides to get to know each other. It’s not just about liking each other; it’s about making sure everyone agrees on the important decisions that will shape the experience.
Some key factors considered during the matching process include:
- Communication style: Do both sides feel comfortable staying in touch regularly, occasionally, or only through the agency?
- Views on medical decisions: Are they aligned on sensitive topics such as selective reduction, termination, or medical interventions if complications arise?
- Willingness to carry multiples: Some surrogates are open to carrying twins, while others are not.
- Lifestyle and location: Is the surrogate close enough for visits or appointments? Does she have a stable living situation and support system?
- Cultural or personal values: Do both parties feel respected and understood by each other?
Once everyone agrees to move forward, legal contracts are drafted and reviewed by separate attorneys for the surrogate and the intended parents. These agreements protect everyone’s rights and clearly outline responsibilities, expectations, and compensation.
Medical Screening and Embryo Transfer Process
After the legal contract is signed, the surrogate begins the medical phase of the journey. She visits the fertility clinic selected by the intended parents for a full medical screening. This includes:
- A review of her medical records and obstetric history
- Blood tests for hormone levels and infectious diseases
- A uterine evaluation to ensure that the uterus can support implantation and pregnancy
If she is approved, the IVF process begins. Here’s how the embryo transfer typically works:
- Egg and sperm retrieval: Eggs and sperm are collected from the intended parents or donors. These may be retrieved at the same time or separately, depending on the case.
- Fertilization: In the lab, an egg is fertilized with sperm to create one or more embryos. These are monitored as they develop over several days.
- Embryo selection: Based on development and quality, one or more embryos are selected for transfer. Others may be frozen for future use.
- Cycle synchronization: The surrogate receives hormonal treatments (such as estrogen and progesterone) to prepare the uterine lining for implantation, ensuring that her cycle is aligned with the embryo’s development.
- Embryo transfer: The selected embryo is transferred into the surrogate’s uterus through a non-invasive procedure. It is typically painless and takes only a few minutes.
- Pregnancy confirmation: Around 10–12 days later, a blood test is performed to determine if implantation was successful. If positive, the surrogate is considered officially pregnant.
If the embryo transfer is not successful, the process can be repeated using a frozen embryo from the same cycle or a new one, depending on the treatment plan and agreement.
Pregnancy Monitoring and Ongoing Support
Once pregnancy is confirmed, the surrogate transitions from the fertility clinic to a regular obstetrician. She attends routine prenatal appointments and undergoes ultrasounds and blood tests to monitor the baby’s development and her own health.
Intended parents are typically kept informed throughout the pregnancy. Depending on the arrangement, they may attend certain medical appointments (in person or virtually), receive updates from the surrogate or agency, or communicate regularly to remain involved in the experience.
Maintaining open communication between the surrogate, the intended parents, and professionals is key to creating a positive, respectful experience for all involved.
Establishing Legal Parentage Before or After Birth
Georgia law allows intended parents to secure legal parentage before the child is born. This is done through a pre-birth order, typically obtained during the second trimester. The process is handled by attorneys who file the request with the court once pregnancy is confirmed and all contracts are finalized.
The pre-birth order ensures that:
- The intended parents are named as the baby’s sole legal parents
- The surrogate and her partner (if applicable) have no legal or parental responsibilities
- The birth certificate is issued with the intended parents’ names from the start
The court also notifies the hospital in advance, so the medical team is fully aware of the arrangement before delivery.
In rare cases, such as when one intended parent is not genetically related to the child or for international legal considerations, additional steps may be needed after birth. These may include a second-parent adoption or a post-birth court order, depending on the legal situation in the intended parents’ home country.
Legal Aspects of Surrogacy in Georgia
Pre-Birth Orders in Georgia
In Georgia, intended parents can usually obtain a pre-birth order during the second trimester of pregnancy. This legal document establishes them as the child’s legal parents before birth, which helps simplify the entire process.
Once the court approves the order, the hospital is informed in advance. That way, everything is in place when the baby arrives: there’s no confusion about who the legal parents are, and no additional steps are needed at the time of delivery.
With a pre-birth order:
- The intended parents are listed on the baby’s birth certificate
- The surrogate has no parental rights or legal responsibilities
- There’s no need for a post-birth adoption or court hearing
This legal clarity is one of the reasons why many intended parents choose Georgia for their surrogacy journey.
Birth Certificates and Parental Rights
Thanks to the pre-birth order, the baby’s birth certificate is issued directly in the names of the intended parents. This applies whether they are married or unmarried, single or part of a couple, domestic or international.
It also ensures that they have full parental authority from the moment the child is born. That includes:
- Making medical decisions at the hospital
- Being recognized as the baby’s legal guardians immediately
- Applying for travel documents or registering the birth in their home country if needed
This process provides a level of legal security that is essential, especially for families coming from abroad.
Surrogacy Costs in Georgia
What’s Included in Surrogacy Costs
Surrogacy involves a number of services and professionals, and each part of the process comes with its own set of costs. In Georgia, these costs tend to be lower than in states like California or New York, but it’s still important to understand what’s included.
Typical surrogacy costs may cover:
- Compensation for the surrogate, which includes base pay, allowances for maternity clothing, travel, and other agreed-upon expenses
- Medical costs, including IVF procedures, monitoring, embryo transfer, and prenatal care
- Legal fees for drafting and reviewing contracts, obtaining a pre-birth order, and managing other legal steps
- Agency fees, which cover the matching process, coordination, and ongoing support
- Insurance-related costs, depending on whether the surrogate has a policy that covers the pregnancy, or if a special plan needs to be arranged
In some cases, intended parents may also need to cover additional services, such as psychological support for the surrogate or extra medical screenings, especially if complications arise.
Why Surrogacy in Georgia Is More Affordable Than in Other U.S. States
One of the reasons Georgia is considered a cost-effective option is that several major expenses tend to be lower compared to other states.
- Surrogate compensation is generally more modest than in California or New York, where the cost of living and average rates are significantly higher
- Legal and agency fees are often reduced because the legal process in Georgia is relatively streamlined and well established
- Medical services may also be less expensive, depending on the clinic and region
While surrogacy is still a significant financial commitment, many intended parents find that the overall investment in Georgia is more manageable, especially when combined with legal predictability and efficiency.
Additional Costs to Keep in Mind
It’s important to plan for possible extra costs that can come up during the journey. These may include:
- Travel expenses, particularly for international parents or if the surrogate lives in a different part of the state
- Unexpected medical care, if complications arise during the pregnancy or delivery
- Additional embryo transfers, if the first one is unsuccessful
- Childcare or lost wages for the surrogate, in certain situations if bed rest or recovery time is needed
- Newborn medical care, especially if the baby requires time in the NICU
Having a clear financial plan from the beginning can help reduce stress and allow intended parents to focus on the more meaningful parts of the process.
How to Choose the Right Surrogacy Agency
What to Look for in a Surrogacy Agency
Choosing the right agency is one of the most important steps in the surrogacy process. A reliable agency doesn’t just match you with a surrogate; it helps guide and support everyone involved, from the first meeting to the moment you bring your baby home.
Here are a few key things to look for:
- Experience with Georgia’s legal system: The agency should be familiar with how pre-birth orders work in Georgia and have a legal team or network ready to handle all the required documents.
- Transparency: All costs, fees, and payment schedules should be clearly explained in advance. You should feel confident that there are no hidden expenses.
- Ethical practices: The agency should prioritize the well-being of both the surrogate and the intended parents, offering fair compensation, thorough screening, and proper support at every stage.
- Support structure: There should be a dedicated team available to help manage communication, logistics, and any concerns that may come up during the journey.
An agency that takes the time to listen to your needs, answer your questions, and walk you through each step is likely to offer a smoother, more secure experience.
Questions to Ask Before Committing to an Agency
Before signing with an agency, it’s a good idea to ask detailed questions to understand how they work and what they’ll provide throughout the process.
Here are some helpful questions to ask a surrogacy agency to consider:
- What is included in your agency fees, and what additional costs should we anticipate?
- How do you screen and select your surrogate candidates?
- How do you support intended parents and surrogates throughout the process?
- Can you walk us through your process for legal parentage in Georgia?
- How do you handle unexpected situations like medical complications or early deliveries?
- How many surrogacy journeys have you successfully completed in Georgia?
- What kind of communication can we expect from your team during the pregnancy?
Asking these questions early on can help avoid misunderstandings and ensure that your expectations are aligned with the agency’s approach.
Why Choose Surrogacy by Faith
Surrogacy by Faith stands out for its deeply personal approach and strong ethical foundation. The entire team is made up of women who have been surrogates themselves. This lived experience brings a level of understanding and care that goes beyond standard coordination. It shapes every part of the agency’s support and guidance.
The agency is faith-based, which means prayer, compassion, and respect for life are central to their mission. In most cases, pregnancy termination is not permitted, reflecting their values and commitment to each unborn child. This is discussed clearly with all intended parents and surrogates during the early stages of the journey.
For intended parents considering surrogacy, the best way to start the journey is by exploring the intended parent application process. Women interested in becoming surrogates can learn more about the steps involved by reviewing the surrogate mother application process.