Ga. to become first state with embryo adoption law

ATLANTA — The nation’s first law governing the adoption of embryos is set to take effect in Georgia after being passed by the Legislature and signed by the governor. The Option of Adoption Act, which will go into effect July 1, will provide safeguards for both parties in embryo adoption, a unique form of adoption in which a couple — often an infertile one — adopt one or more surplus embryos from a couple who have undergone in-vitro fertilization.

Embryo adoption allows the adopting mother to experience pregnancy and has been promoted by pro-lifers for years but until now, has not been governed by the laws of any state. Significantly the Georgia bill amends Georgia’s adoption laws to make clear that embryo adoption in fact is a form of adoption. The law also allows adoptive parents to file in court for a final order of adoption (for the child who is born as the result of the embryo adoption), which supporters of the new law say clarifies that the adopting parents are eligible for claiming some, but not all, of their expenses for the federal adoption tax credit, which this year, is more than $11,000.