Legality of at-home insemination in Georgia... - Mothering Forums

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#1 of 13 Old 06-29-2009, 09:57 AM - Thread Starter
 
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Hi,

Does anyone know if there are any legal issues with performing an at-home insemination ourselves? Our cryobank will release the sperm to us, and our Dr.'s office will sign off on it being released to us, but they don't have any experience with any of their patients inseming at home.

We are a hetero couple, so we don't have to deal with second parent adoption (although I don't actually know what the legal situation in Ga for that is, probably not good).

I assumed it was fine, it's just that the release form mentions the state by state laws being different.

Thanks in advance,

Sarah

x-posted to infertility...

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#2 of 13 Old 06-29-2009, 10:36 AM
 
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friends of ours are from georgia, so here's what i know:

1. it is illegal to inseminate at home in georgia.
2. if you inseminate at home and then want to do second parent adoption, you are basically incriminating yourself and it makes the whole process more difficult.

good luck!
g

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#3 of 13 Old 06-29-2009, 10:47 AM
 
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http://www.hrc.org/your_community/875.htm

i would personally check the specific statutes cited since the page has not been updated since 2004.
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#4 of 13 Old 06-29-2009, 11:55 AM - Thread Starter
 
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I don't know how to find the actual law to read it, any thoughts on where to find it?

Indigoscot - my DH won't need to do second parent adoption because we are a married hetero couple and his name will just be listed on the birth certificate.

I can't imagine why it would be illegal, or for that matter, who would get in trouble. I know based on the wording from here: http://www.hrc.org/your_community/875.htm it sounds like I can't open up my own little office and perform inseminations on other women, but does it mean I can't inseminate myself? Or allow my husband to?

I guess the question becomes if I place the order, go pick up my vials and bring them home and inseminate, what is going to happen?

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#5 of 13 Old 06-29-2009, 03:10 PM
 
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How would they even know you inseminated? Or did so at home versus in a clinic? Does all that get reported somewhere?
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#6 of 13 Old 06-29-2009, 08:27 PM
 
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(a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons
authorized to administer or perform artificial insemination upon any female human being. Any other person or persons who
shall attempt to administer or perform or who shall actually administer or perform artificial insemination upon any female
human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary
for not less than one year nor more than five years.
(b) Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him to
perform or administer artificial insemination shall be relieved of civil liability to the husband and wife or to any child
conceived by artificial insemination for the result or results of said artificial insemination, provided that the written
authorization provided for in this Code section shall not relieve any physician or surgeon from any civil liability arising from
his own negligent administration or performance of artificial insemination.

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#7 of 13 Old 06-29-2009, 08:30 PM
 
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i don't know how they would know you did it at home, other than your bank and doctor signed off (thereby leaving a paper trail) on it so you could get the sperm at home. so i guess since you don't need to do second parent adoption it should be ok.

i personally don't know what business it is of government what you in your own home.

g

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#8 of 13 Old 07-01-2009, 07:38 PM - Thread Starter
 
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That's my thought. What business is it of theirs? I guess I need to remember that I planned a homebirth with my DD and that is not technically legal here. It's legal to give birth at home, but not for a CPM or lay-midwife to attend you.
Soooo....

Clearly I am already flaunting the rules. Eeek!

Thanks everyone for your input!

-Sarah

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#9 of 13 Old 07-02-2009, 08:59 AM
 
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Hey, I'm in Georgia.

We talked to two different attornies about this before proceeding. The first one stated that any at-home insemination is considered illegal and could possibly hurt our chances at being granted a second parent adoption. The only way it really mattered was in relation to the second parent adoption because as a part of the paperwork we would need to file for the adoption we would need to provide an affadavit from the doctor who perfomed the insemination.

The other attorney had a different interpretation of the statutes and said that what is illegal is performing an IUI at home because it is a medical procedure. According to her interpretation, if you just do the "turkey baster" method, that is not illegal.

Anyway, we used a known donor and did not use a doctor. We go later this month to finalize the second parent adoption. : that it all works out!!
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#10 of 13 Old 06-25-2011, 01:35 PM
 
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Heart-N-Bones, I know it's been awhile, but I find myself in the same situation as the original poster... can you tell me how your situation worked out? Did your at home "turkey baster" method hinder your second parent adoption?

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#11 of 13 Old 02-15-2013, 09:36 AM
 
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MakingAMommy and Heart-N-Bones,

 

It's been a while since both your posts, but my partner and I are in a similar position, but we're both men.  His niece has offered to be both egg donor and surrogate, and we're considering at home IUI (turkey baster method).  Any advice?  Legal ramifications?

 

Thanks!
 

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#12 of 13 Old 02-15-2013, 10:34 AM
 
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rothdr--I don't know if any of the previous posters are still around, but I have some input.  I think you mean ICI instead of IUI.  IUI is when a thin catheter is used to place the sperm inside the uterus by going through the cervix.  This requires a bit more skill and is often done by a medical professtional.  Although there are plenty of peope who do it themselves.  An IUI can only be done with washed sperm or it can cause problems, and sperm can't be washed at home.  An ICI is when you just just a needleless syringe to place the sperm on and near the cervix so that it can go into the uterus on its own. 

I don't think there are any laws against doing it yourself.  People do it all the time.  There are a lot of legal ramifications, however.  The niece would be the legal parent of the child at birth.  The sperm donor could be listed as father, I suppose, but the other father would have to adopt the child and the niece would have to give up her parental rights.  It seems like it would be a good idea to consult an attorney and draw up a contract.  That is how it is typically done in other surrogacy situations. Good luck!




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#13 of 13 Old 02-18-2013, 08:26 AM
 
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Hi Rothdr!  Are you in Georgia?  We are also in GA.  There is actually a weird GA law against anyone other than a medical doctor performing inseminations in Georgia.  This mostly affects people who are purchasing sperm as it can't be mailed to a home address or people who are seeking medical support for DIY inseminations.  While it's unlikely that anyone would ever prosecute you for it, it's possible that at-home insemination would prevent you and your partner from doing a second parent adoption if that's in your plans.  There are some couples who find friendly judges (in Fulton and Dekalb counties) to get the second parent adoption even with the DIY method, but I'd advise talking to a queer family lawyer before proceeding.  I can recommend a couple of people if you need.

 

Best of luck to you on expanding your family!


 

 

 

 

 

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