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

O.C.G.A. § 19-8-41 (2019)

Release of responsibility by legal embryo custodian; procedures; presumption of parentage

✓ 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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(a) A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo transfer. A written contract shall be entered into between each legal embryo custodian and each recipient intended parent prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract shall be signed by each legal embryo custodian for such embryo and by each recipient intended parent in the presence of a notary public and a witness. Initials or other designations may be used if the parties desire anonymity. The contract may include a written waiver by the legal embryo custodian of notice and service in any legal adoption or other parentage proceeding which may follow.

(b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.

(c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a) of this Code section, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer shall be authorized.

(d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) of this Code section shall be presumed to be the legal child of the recipient intended parent; provided that each legal embryo custodian and each recipient intended parent has entered into a written contract.

History

Code 1981, § 19-8-41, enacted by Ga. L. 2009, p. 800, § 2/HB 388.

Annotations

Law reviews. For note, “Carrying Capacity: Should

Georgia Enact Surrogacy Regulation?,” see 54 Ga. L. Rev. 333 (2019).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2023 · leading case: In the Interest of C. B., a Child (Ga. Ct. App. 2019).
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In the Interest of C. B., a Child (Ga. Ct. App. 2019). · cites it 6× “” OCGA § 19-8-41 (b). The Act also provides that an order of adoption or parentage “shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian or gamete donor in a child which results from the embryo transfer[.”
Jonathan Smith v. Lauri Smith (Ga. Ct. App. 2023). · cites it 4× “635 , 8 In this vein, we note that OCGA § 19-8-41 expressly provides for the relinquishment of rights to an embryo via a written contract: A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo…”
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.