Publication Date



While modern gestational surrogacy technology has existed for almost forty years, surrogacy is viewed as a matter of state law because the United States has yet to regulate it at the federal level. Many have advocated for either federal legislation or their own individual states to enact legislation addressing surrogacy, but Georgia is one of many states that still lacks any laws regulating—or even mentioning—surrogacy agreements. To make the process more uncertain for couples contemplating surrogacy, Georgia also lacks any case law that could provide parties to surrogacy agreements with guidance on how to proceed or how any dispute may be resolved. To provide Georgia citizens with legal stability and certainty, the Georgia legislature should pass legislation addressing traditional surrogacy agreements and acknowledging the technology and use of surrogacy.