§ 19-7-21.When children conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction are presumed legitimate

Yes, if the conditions in this section are met. A child born during the marriage, or within the usual period of gestation after it ends, who was conceived by artificial insemination, in vitro fertilization or a similar method, is irrebuttably presumed legitimate when both spouses consented in writing to the procedure. Irrebuttable means no evidence can overcome the presumption.

Then this section’s irrebuttable presumption does not apply, because it requires written consent from both spouses. The general rule in § 19-7-20 still treats a child born in wedlock as legitimate, but that presumption can be disputed with clear proof where the facts support a challenge. How a dispute comes out would depend on the facts and the court.

This section doesn’t draw that line. It covers artificial insemination, in vitro fertilization or any other similar method of assisted reproduction, as long as the child is born in wedlock or within the usual gestation period afterward and both spouses consented in writing. When an embryo is transferred under Georgia’s embryo adoption article, § 19-8-41(b) provides that gamete donors who irrevocably relinquished their rights get no notice of the relinquishment, and that article controls if it conflicts with this section.

Embryo adoption controls. Subsection (b) makes this section subject to Article 2 of Chapter 8, and if the two conflict, that article prevails. Under it, the embryo’s legal custodian relinquishes rights by a written contract signed before a notary public and a witness, the child is presumed the legal child of the recipient intended parent, and once the court finds a petition meets the article’s criteria, it issues an expedited order of adoption or parentage that is final, under §§ 19-8-42 and 19-8-43.

Not under the paragraph that usually allows it. Code Section 19-7-1(b)(9) lets a superior court terminate a legal or biological father’s rights in a legitimation, paternity, divorce or custody case when termination is in the child’s best interest. But that paragraph expressly does not apply when the child was conceived by artificial insemination, in vitro fertilization or a similar method as set forth in subsection (a) of this section.