GESTATIONAL SURROGACY LAW NORTH CAROLINA

Is Gestational Surrogacy Legal in North Carolina?

Yes. Gestational Surrogacy is permitted because no statute or published case law prohibits it and most courts and judges are favorable to the process.

Is Traditional Surrogacy Legal in North Carolina?

Yes. Traditional surrogacy is permitted because no statute or published case law prohibits it. However, some courts may name the biological father on the birth certificate, but they may also name the traditional surrogate as the mother. In these cases, the intended mother will need a parentage order or an adoption to have her name on the birth certificate.

Traditional surrogate journeys are rare due to the risks associated with pursuing this path and most attorneys will not complete a traditional surrogacy.

Is Compensated Surrogacy Legal in North Carolina?

Yes. There is no North Carolina surrogacy legislation that limits the amount of base compensation a surrogate can receive; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted.

In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a North Carolina Surrogacy Contract

Surrogacy contracts in North Carolina must be created by surrogate attorneys; intended parents and surrogates must work with separate surrogacy attorneys throughout the execution of the contract to ensure each party’s rights and interests are protected.

These attorneys will negotiate an agreement that addresses at least the following:

• The rights and responsibilities of each party
• Any potential risks and liabilities and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance
• Agreements on sensitive issues like selective reduction and termination
• Contact expectations
• And more

Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.

Determining Legal Parentage in North Carolina

Many judges will grant pre-birth orders but it varies by county and by specific situations. Pre-birth orders are typically granted to:

• Married couples if at least one intended parent is genetically related to the child born via surrogacy
• Unmarried couples who are both genetically related to the child
• A single intended parent who is genetically related to the child
• Couples and single individuals using donor embryos or a donor egg and sperm

It is important to note that some North Carolina surrogacy judges may not recognize the parentage of couples and single parents with no genetic link to their child born via surrogacy. In these cases, these individuals may need to complete an adoption after birth.