2020 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 2 - Embryo Transfers
§ 19-8-40. Definitions

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.

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

- 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).

Cited in Patton v. Vanterpool, 302 Ga. 253, 806 S.E.2d 493 (2017).