§ 19-8-42.Petition for expedited order of adoption or parentage; notice; waiver of technical requirements
Chapter 8. Adoption · Article 2. Embryo Transfers · Last amended 2009 · Last verified October 9, 2026
Full Text of § 19-8-42
Plain-English Summary
Section 19-8-41 already presumes that a child born from a relinquished embryo is the recipient intended parent’s legal child. Some families want more than a presumption: they want a court order. This section provides one. A recipient intended parent may petition the superior court for an expedited order of adoption or parentage, either before the child is born or after.
In an ordinary adoption, the petition rests on surrenders of rights from the parents. Here, the written contract between each legal embryo custodian and each recipient intended parent is acceptable in place of a surrender. The petition is filed in the county where any petitioner or any respondent lives. If the custodians signed a written waiver of notice and service, which § 19-8-41 lets the contract include, the court shall give that waiver effect.
The section also gives the judge room to bend. In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of children who may be born after them, the court in its discretion may waive technical requirements as it deems just and proper. That’s a matter for the judge, not a right of either side. When the court finds the petition meets the article’s criteria, § 19-8-43 says the expedited order shall issue and is final.
Frequently Asked Questions
Can I get a parentage order before my embryo-adoption baby is born in Georgia?
Yes. This section lets a recipient intended parent petition the superior court for an expedited order of adoption or parentage prior to the birth of a child or following the birth. Under § 19-8-43, if the court finds the petition meets the article’s criteria, it shall issue the expedited order as a final order.
Do the embryo donors need to sign a surrender of rights for the adoption?
No. In an expedited embryo adoption or parentage case, the written contract between each legal embryo custodian and each recipient intended parent is acceptable in lieu of a surrender of rights. That’s the contract § 19-8-41 requires before the embryo transfer.
Where do I file an embryo adoption petition in Georgia?
In the superior court of the county where any petitioner or any respondent resides. That rule applies to all petitions under the embryo transfer article, so a family may file where any petitioner lives or where any respondent lives.
Do the embryo donors have to be served with the petition?
Not if they waived it in writing. Section 19-8-41 lets the contract include the legal embryo custodian’s written waiver of notice and service in any later adoption or parentage case, and this section says the court shall give effect to that waiver. The article doesn’t spell out what notice or service is due when there is no waiver.
Can a Georgia judge overlook a technical mistake in an embryo adoption?
The judge may. In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of children born after them, the court in its discretion may waive technical requirements as it deems just and proper. Whether to do so in a given case is up to the judge.
Amendment History
Laws 2009, Act 171, § 2, eff. July 1, 2009.