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Georgias newest laws now in effect
Embryo adoption, student fitness are among statutes
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Starting today, Georgia becomes the first state in the nation to have a law allowing adoption of an embryo.

The Option of Adoption Act was introduced by state Rep. James Mills, R-Chestnut Mountain, and is viewed as a victory for anti-abortion groups who want the law to recognize embryos in their earliest stages of development as people. It is among the most notable of more than a dozen state laws taking effect today.

The law’s language does not specifically define an embryo as a person, but Mills said there’s no mistaking the implication.

"I don’t know of anyone adopting chairs or desks or tables — you can only adopt living human beings," Mills said.

Mills said the law was inspired by legal cases in other states in which the donors of fertilized eggs have staked a claim to parental rights after the embryo was carried to full term and the child was delivered by another person.

Daniel Becker, president of Georgia Right To Life, said the law could encourage adoptions and more in-vitro fertilizations with the estimated 40,000 embryos cryopreserved in Georgia fertilization clinics. Those who adopt the embryos, most only 2 or 3 days old, for in-vitro fertilization will be eligible for an $11,000 federal adoption credit under the new law, Becker said.

"We’re delighted," Becker said. "Roughly 40,000 persons will be given a chance for a birthday."

Becker said the law clearly defines an embryo as being in the single-cell stage.

In the past, Georgians were allowed to "donate" embryos, but did not fully relinquish parental rights during the time a child was being brought to full term by another, which could potentially lead to court battles over custody.

"Probably the biggest change is we’ve moved the language from
treating it as someone’s property to treating it as someone’s child," Becker said. "I certainly believe it takes us further down the road to recognizing the rights of all persons, born and preborn."

Said Mills, "It makes a clear statement that in Georgia we view embryos as life."

Also today, legislation intended to combat childhood obesity in Georgia becomes law, though it will not go into effect until the 2011-12 school year.

The Student Health and Physical Education Act mandates annual physical fitness assessments for all public school children, grades one through 12.

Most schools already administer an annual fitness assessment for fourth- and fifth-graders that includes running, pull-ups and curl-ups as part of the President’s Challenge. But teachers were not required to report the results to either parents or the state Department of Education.

The new law mandates reporting the results, and expands to include every grade from first on up.

Betsy Elrod, a veteran physical education teacher at Chestnut Mountain Elementary School, favors the new law.

"I think it’s going to stress the importance of kids learning to make healthy choices as far as their fitness is concerned," Elrod said. "I hope it will encourage them to engage in more physical activity at home."

There are no sanctions for children scoring poorly in the fitness assessments, but schools that improve their scores are likely to see some form of reward.

Elrod said she’s been disappointed by the steady increase in childhood obesity she’s seen in her 20 years in education.

With advances in home entertainment technology, "we’ve got a lot of couch potatoes out there," Elrod said. "It’s really tough."

Elrod is hopeful that sending an annual report to parents about their child’s physical fitness will encourage families to become more active.

Other laws that take effect today:

  • People on national or state sex offender registries are now barred from seeking elected office or serving on local boards of education.
  • Food and beverages can now be consumed in rapid rail or intermodal bus stations.
  • Certain criminal offenders sentenced under strict mandatory-minimum statutes may now be allowed to spend the final year of their prison terms in transitional centers or work release centers.