2020 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 2 - Legitimacy
§ 19-7-21. When Children Conceived by Artificial Insemination Legitimate
All children born within wedlock or within the usual period of gestation thereafter who have been conceived by means of artificial insemination are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artificial insemination.
(Code 1933, § 74-101.1, enacted by Ga. L. 1964, p. 166, § 1.)
Cross references.- Persons authorized to administer or perform artificial insemination, § 43-34-42.
Law reviews.- For article, "Artificial Human Reproduction: Legal Problems Presented by the Test Tube Baby," see 28 Emory L.J. 1045 (1980). For article, "The Orwellian Nightmare Reconsidered: A Proposed Regulatory Framework for the Advanced Reproductive Technologies," see 25 Ga. L. Rev. 625 (1991). For article, "Who is Georgia's Mother? Gestational Surrogacy: A Formulation for Georgia's Legislature," see 38 Ga. L. Rev. 395 (2003). For article, "10th Annual Legal Ethics and Professionalism Symposium: Drawing the Ethical Line: Controversial Cases, Zealous Advocacy, and the Public Good," see 44 Ga. L. Rev. 413 (2010). For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018). For note discussing legitimacy of children born by means of artificial insemination, see 4 Ga. L. Rev. 383 (1970). For note, "It Takes a Village: Considering the Other Interests at Stake When Extending Inheritance Rights to Posthumously Conceived Children," see 44 Ga. L. Rev. 873 (2010). For note, "Carrying Capacity: Should Georgia Enact Surrogacy Regulation?," see 54 Ga. L. Rev. 333 (2019). For comment, "Surrogate Mother Contracts: Analysis of a Remedial Quagmire," see 37 Emory L.J. 721 (1988).
JUDICIAL DECISIONS
"Artificial insemination" did not include IVF.
- O.C.G.A. § 19-7-21, which created an irrebuttable presumption of legitimacy for children born within wedlock or within the usual period of gestation thereafter who were conceived by artificial insemination, did not apply to a child conceived by in-vitro fertilization (IVF). Patton v. Vanterpool, 302 Ga. 253, 806 S.E.2d 493 (2017).
RESEARCH REFERENCES
Am. Jur. 2d.
- 41 Am. Jur. 2d, Illegitimate Children, § 2. 59 Am. Jur. 2d, Parent and Child, § 2.
ALR.- Rights and obligations resulting from human artificial insemination, 83 A.L.R.4th 295.
