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What Is the Difference Between Gestational, Artificial Insemination and Donor Surrogacy?

March 24, 2014

Various methods of Assisted Reproduction Treatment (ART) have emerged as options for people who want children. An Assisted Reproductive Treatment (ART) law firm can help you with the legal aspects of the type of ART you choose to use.

Understanding some common terms can help you make informed decisions about ART:

  • Artificial insemination is introducing semen into the uterus of a female without sexual contact.

  • A surrogate is the female receiving the artificial insemination.

  • A traditional surrogate is a woman who becomes pregnant through artificial insemination with the father's sperm and is the baby's biological mother, because the sperm fertilizes her egg and she carries the baby to term.

  • Donor sperm is sperm used from a male other than the father to impregnate the mother (surrogate), who carries the baby to term.

  • A gestational surrogate involves harvesting eggs from the mother, fertilizing them in vitro with sperm from the father and then implanting the fertilized eggs into the surrogate's uterus. The gestational surrogate has no genetic relationship with the baby.

Parents often have questions about their child's legitimacy under Georgia law. Under the Official Code of Georgia Annotated (OCGA) § 19-7-21, entitled “When Children Conceived by Artificial Insemination Legitimate,” there is an irrefutable presumption that children born through artificial insemination to married couples are legitimate, as long as both spouses consented in writing to the use and administration of artificial insemination.

For legal help with surrogacy in metro Atlanta, Georgia, it is wise to use an attorney with legal experience in ART.

Mark A. Johnson, PC represented the first parents in Georgia in gestational, artificial insemination and donor surrogacy and stands at the forefront of surrogacy law in Georgia.