Petition for (Embryo) Adoption

We have filed our Petition for Adoption. Say what? Yep, in Georgia there is a relatively new law (2009) called the Option of Adoption Act that allows (but doesn’t require) embryo adoption parents to file a Petition for Adoption in Superior Court. (Here is the STATUTE if you’d like to read it - the new law is under Section 2).

The law itself has the policy implication of attributing life to unborn children. Because of this, when the law pass in 2009, there was a lot of pro-choice backlash claiming that the law was just a pro-life attempt to give rights to unborn children. Either way, in Georgia embryo adoptions are not simply a transfer of property anymore as we can now legally adopt embryos. The law even allows for the Petition for Adoption to be filed and finalized prior to the birth of the child. Here is an ARTICLE from the Christian Examiner about the law.

In addition to the benefits of recognizing my child as more than just an item of property transferred from our donors to us, the law offers one more legal protection to solidify us as Leland’s parents. It also provides an Order of Adoption which can be submitted to the IRS to document the adoption for purposes of the Adoption Tax Credit. I do want to note that there is some disagreement about whether or not an embryo adoption qualifies for the Adoption Tax Credit even with the Georgia law to support it. (If you are into technical legal reading, check out this LAW REVIEW ARTICLE). But, we’re willing to take the risk and see if the IRS will approve it.

Our petition was officially filed yesterday. We have a court date on December 1^st and hopefully it will be finalized on that day. And, on a final note, if any of you Georgia mamas want more info or help with this, let me know.