Persons Authorized to Perform Artificial Insemination; Civil Liability of Physician or Surgeon

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6. Persons Authorized to Perform Artificial Insemination; Civil Liability of Physician or Surgeon

1. 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.
2. Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him or her 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 or her own negligent administration or performance of artificial insemination.

(Code 1933, § 74-101.1, enacted by Ga. L. 1964, p. 166, § 1; Code 1981, §43-34-42; Code 1981, §43-34-37, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2010, p. 878, § 43/HB 1387.)

Cross references.

- Legitimacy of children conceived by means of artificial insemination, § 19-7-21.

Giving consent for surgical or medical treatment generally, T. 31, C. 9.

Editor's notes.

- Ga. L. 2009, p. 859, § 1/HB 509, effective July 1, 2009, redesignated former Code Section 43-34-37 as present Code Section 43-34-8.

Law reviews.

- For note, "Conceiving Equality: Infertility-Related Illness Under the Pregnancy Discrimination Act," see 26 Georgia St. U.L. Rev. 1361 (2010).

JUDICIAL DECISIONS

Application to sperm bank.

- O.C.G.A. § 43-34-37(b) arises in the code section limiting the practice of medicine, including artificial insemination, to licensed physicians and surgeons. This Code section applies only to the medical procedure of artificial insemination and does not include the negligent sale or screening of sperm; the statute, therefore, did not apply to the parents' claims against a sperm bank. Norman v. Xytex Corp., Ga. , S.E.2d (Sept. 28, 2020).

OPINIONS OF THE ATTORNEY GENERAL

Delegation to physician's assistants or others.

- Administration and performance of artificial insemination upon female human beings may not be delegated by a licensed physician to a physician's assistant or other qualified allied health personnel. 1982 Op. Att'y Gen. No. 82-87.

RESEARCH REFERENCES

ALR.

- Coverage of artificial insemination procedures or other infertility treatments by health, sickness, or hospitalization insurance, 80 A.L.R.4th 1059.

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