FREQUENTLY ASKED QUESTIONS
Q: Is Georgia a surrogate-friendly state?
A: Yes. There exists no legislation prohibiting any contemplated issues and no reported case law; therefore, there are no prohibitions. The only legislation is the Option for Adoption Statute, O.C.G.A § 19-8-41, which amends the adoption code but mandates nothing along with the prohibition of in-home inseminations, O.C.G.A § 43-34-37(a).
Q: Will I have to adopt my child?A: No. Although we are ethically prohibited from making any guarantees, we have had repeated success in establishing parentage, prior to the birth of the child, without need for a post-birth adoption.
Q: What if there is an egg donor?A: The result is the same. In the past, we have had the intended mother recognized as the mother without a post-birth step parent adoption because of a thorough contract and properly presented petition to establish parentage prior to the birth of the child.
Q: What if there is a sperm donor?A: The result is the same. In the past, we have had the intended father recognized as the father without a post-birth step parent adoption because of a thorough contract and properly presented petition to establish parentage prior to the birth of the child.
Q: What about a traditional surrogacy?A: The result is the same. In the past, we have had the intended parent(s) recognized as such without a post-birth step-parent adoption because of a thorough contract and properly presented petition to establish parentage prior to the birth of the child, along with the execution of necessary post birth documents.
Q: Can a same sex couple be listed as the parents on the child’s birth certificate?A: Yes. Although the state of Georgia does not recognize same sex marriages, we have been successful in getting the intended parents on the birth certificate without further legal involvement, thus allowing the couples to be the legal mothers and fathers of the child born.
Q: Can a single parent obtain parentage?A: Yes. We have obtained parentage for single mothers and fathers, with the mother or father being listed as the sole parent on the child’s birth certificate.
Q: Has there been a situation in Georgia in which a surrogate does not relinquish the child to its intended parents?A: This office has not been involved in such a situation, and to our knowledge no such situation has occurred.
Please be advised that there is currently a scam involving a fraudulent individual who is calling and impersonating attorney Sara M. Clay. These fraudulent actor/s usually call and report that a relative (typically a grandson or nephew) has been incarcerated and is in need of bail money.
Do NOT provide an form of payment in regards to this scam as the law firm of Sara M. Clay, PC does not and will not call you to request any payment or to provide any payment instructions.
We have notified the Georgia State Bar regarding this issue and there is presently an ongoing investigation. If you would like to notify our office, please email email@example.com, or call 678-797-1213, outlining the call you received as we wish to turn any and all information over to the Staff Investigator at the Georgia State Bar as part of their investigation.