§ 19-8-40.Definitions
Chapter 8. Adoption · Article 2. Embryo Transfers · Last amended 2009 · Last verified October 9, 2026
Full Text of § 19-8-40
Plain-English Summary
Couples who go through in vitro fertilization often end up with frozen embryos they won’t use. Since 2009, Georgia has let them give those embryos to another person or couple, who can then carry a pregnancy and become the child’s legal parents. Article 2 of Chapter 8 governs that process, and this section supplies its vocabulary.
An “embryo” or “human embryo” is an individual fertilized human ovum from the single-cell stage to eight-week development. The “legal embryo custodian” is the person or persons who hold the legal rights and responsibilities for the embryo and who give it up. The “recipient intended parent” is the person or persons who receive the embryo and accept full legal rights and responsibilities for it and for any child born as a result.
Two terms describe the two steps. “Embryo relinquishment,” also called the “legal transfer of rights to an embryo,” is the legal step: the custodian gives up rights and responsibilities, and the recipient intended parent accepts them. “Embryo transfer” is the medical step: physically placing the embryo into the uterus of a female. The order matters: § 19-8-41 requires the written contract before the embryo transfer. Sections 19-8-42 and 19-8-43 then cover the court order that can confirm the recipient’s parentage.
Frequently Asked Questions
Is embryo adoption legal in Georgia?
Yes. Article 2 of Chapter 8, which this section opens, lets a legal embryo custodian relinquish an embryo to a recipient intended parent, who accepts full legal rights and responsibilities for it and for any resulting child. The law calls the legal step an “embryo relinquishment” or “legal transfer of rights to an embryo.” Sections 19-8-41 through 19-8-43 set out the contract and court process.
What does “legal embryo custodian” mean in Georgia?
It means the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquish it to someone else. In most cases that’s the couple or individual who created the embryos through in vitro fertilization. Each custodian signs the written contract under § 19-8-41, along with each recipient intended parent.
What is a recipient intended parent?
A recipient intended parent is the person or persons who receive a relinquished embryo and accept full legal rights and responsibilities for it and for any child born as a result of the embryo transfer. Under § 19-8-41, a child born from the relinquishment is presumed to be the recipient intended parent’s legal child, as long as the written contract was signed.
How does Georgia law define an embryo?
For this article, an “embryo” or “human embryo” is an individual fertilized ovum of the human species from the single-cell stage to eight-week development. The definition applies to Article 2 of Chapter 8, the embryo transfer provisions, and isn’t stated as a definition for other Georgia laws.
What is the difference between embryo relinquishment and embryo transfer?
One is legal and one is medical. Embryo relinquishment is the custodian giving up rights and responsibilities for the embryo and the recipient intended parent accepting them. Embryo transfer is the medical procedure of physically placing the embryo into the uterus of a female. Under § 19-8-41, the written contract for the relinquishment comes before the transfer.
Amendment History
Laws 2009, Act 171, § 2, eff. July 1, 2009.