O.C.G.A.
O.C.G.A.

O.C.G.A. § 19-8-40 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term:

(1) “Embryo” or “human embryo” means an individual fertilized ovum of the human species from the single-cell stage to eight-week development.

(2) “Embryo relinquishment” or “legal transfer of rights to an embryo” means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo and the acceptance of such rights and responsibilities by a recipient intended parent.

(3) “Embryo transfer” means the medical procedure of physically placing an embryo into the uterus of a female.

(4) “Legal embryo custodian” means the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person or persons.

(5) “Recipient intended parent” means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.

History

Code 1981, § 19-8-40, enacted by Ga. L. 2009, p. 800, § 2/HB 388.

Annotations

Law reviews. For annual survey of law on domestic

relations, see 62 Mercer L. Rev. 105 (2010).

JUDICIAL DECISIONS Order of parentage granted. - Option of Adoption Act, O.C.G.A. § 19-8-40 et seq., authorized the trial court to issue an order of parentage sought by the wife, who had carried and given birth to a child created from an embryo made up of a donated egg and the husband’s sperm, as

the egg donor knowingly relinquished all rights of any kind to the oocytes and to any resulting embryos or children. In the Interest of C. B., 353 Ga. App. 363, 837 S.E.2d 517, 2019 Ga. App. LEXIS 701 (2019), cert. denied, No. S20C0765, 2020 Ga. LEXIS 640 (Ga. Aug. 10, 2020).

Notes of Decisions
Cited in 3 cases, 2017–2019 · leading case: Patton v. Vanterpool, 806 S.E.2d 493 (Ga. 2017).
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Patton v. Vanterpool, 806 S.E.2d 493 (Ga. 2017). · cites it 4× “OCGA § 19-8-40, which was created by the 2009 Act, defines both embryo and embryo transfer, which “means the medical procedure of physically placing an embryo into the uterus of a female.”
In the Interest of C. B., a Child (Ga. Ct. App. 2019). · cites it 16× “He argues that the trial court erred in issuing the order of parentage pursuant to the Option of Adoption Act, OCGA § 19-8-40 et seq., but we find that the Option of Adoption Act applies to this case and authorized the order.”
Patton v. Vanterpool (Ga. 2017). · cites it 4× “OCGA § 19-8-40, which was created by the 2009 Act, defines both embryo and embryo transfer, which “means the medical procedure of physically placing an embryo into the uterus of a female.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.