[tshoemaker8]

I live in Georgia with my husband we have decided that we want more children and are unable to concieve(my issue). My step-sister has agreed to have a child for us the "old fashion way" and conceive a child with my husband. I under stand that Georgia law has no step-parent rights, unless an adoption is granted. My step-sister just wants to sign full custody over to my husband. How do we start this process? Is there a way to do this before the baby is born? Or do we have to go to court if it is a mutual agreement between her and my husband.

[ScottGem]

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

What you are talking about is a surrogate mother. Below are some links that deal with this. You can have your step-sister sign a surrogacy contract even before conception. I strongly suggest you pursue this.

Primary Sources - Surrogacy Agreements - LibGuides at Georgia State University College of Law
Sara Clay - Metro Atlanta Georgia Legal Services - Surrogacy Law

[Synnen]

1. Get a lawyer. You want a lot of the issues established BEFORE you have a baby on the way. Laws for surrogacy vary by state, but in some states the birth mother is the LEGAL mother, regardless whose egg it actually is---and she can change her mind about allowing you to adopt the child at birth. In most states that allow surrogacy, and adoption is part of the proceedings.

2. Have it done artificially. You will otherwise wonder about the relationship between your step-sister and your husband forever after---and it took 10 YEARS for me to conceive. Are you willing to risk a long sexual relationship between them? People trying to conceive almost never do it in one sexual session---so you're looking at the very least at several MONTHS of your step-sister and husband getting it on multiple times a month. Are you okay with that? Are you okay with the feelings that WILL develop between them? I doubt you have even thought beyond the idea that they will have sex once or twice with the lights off and hardly touching to do it. Bury that idea right now--they're going to do it often and they're going to enjoy it. If you are providing the sperm, it's really not that expensive to have the artificial insemination happen. You're setting your relationships with both of these loved ones up for an explosion if you don't.

3. ALL OF YOU get counseling. Surrogacy is tough for many people because they come to love the child they carry--and because the mother NOT carrying the child can carry resentments toward the surrogate if counseling doesn't happen. You all need to understand your roles and you need to ACCEPT those roles before you move forward with surrogacy.

This isn't as simple as your husband having sex with your step sister one time and her handing over the baby like it's a parcel she was just holding onto for you. It's a complicated emotional and legal mess, and I would not even THINK about going into it without a good lawyer and a good counselor.

[JudyKayTee]

And let me add from a legal standpoint that if the sister-in-law changes her mind and decides to keep the baby the OP's husband will be liable for child support because he will be the bio father.

So, aside from the sexual issues, there are legal issues which could go on for a minimum of 18 years.