2022 Georgia Code
Title 43 - Professions and Businesses
Chapter 34 - Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice
Article 2 - Medical Practice
§ 43-34-37. Persons Authorized to Perform Artificial Insemination; Civil Liability of Physician or Surgeon
- Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artificial insemination upon any female human being. Any other person or persons who shall attempt to administer or perform or who shall actually administer or perform artificial insemination upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years.
- Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him or her to perform or administer artificial insemination shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination for the result or results of said artificial insemination, provided that the written authorization provided for in this Code section shall not relieve any physician or surgeon from any civil liability arising from his or her own negligent administration or performance of artificial insemination.
History. Code 1933, § 74-101.1, enacted by Ga. L. 1964, p. 166, § 1; Code 1981, § 43-34-42 ; Code 1981, § 43-34-37 , as redesignated by Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2010, p. 878, § 43/HB 1387.
Legitimacy of children conceived by means of artificial insemination, § 19-7-21 .
Giving consent for surgical or medical treatment generally, T. 31, C. 9.
Ga. L. 2009, p. 859, § 1/HB 509, effective July 1, 2009, redesignated former Code Section 43-34-37 as present Code Section 43-34-8.
For note, “Conceiving Equality: Infertility-Related Illness Under the Pregnancy Discrimination Act,” see 26 Georgia St. U.L. Rev. 1361 (2010).