Yes. Gestational Surrogacy is permitted because no statute or published case law prohibits it and most courts and judges are favorable to the process.
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 all attorneys will not complete a traditional surrogacy.
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:
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 parties rights and interests are protected.
These attorneys will negotiate an agreement that addresses at least the following:
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
Many judges will grant pre-birth orders but it varies by county and by specific situations. Pre-birth orders are typically granted to:
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.
Q: Is Same-Sex Surrogacy Legal in North Carolina?
A: Yes. There are no statutes or published case law prohibiting same-sex surrogacy in North Carolina so it is considered legal. Same-sex couples and LGBT+ intended parents will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg or sperm donor to complete the IVF procedure.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in North Carolina?
A: No. There are no additional laws impacting same-sex parents in this state.
A: Yes. Surrogacy contracts are enforceable if both parties agree to and sign the statements within it.
A: No. There are no particular laws for parents outside the United States who complete a surrogacy in North Carolina. It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
A: Any intended parent that cannot be issued a pre- or post-birth parentage order must complete an adoption to establish their parental rights to their child after he or she is born.
In most cases where the baby is being born via gestational surrogacy, a judge will issue a pre-birth order to both members of the married couple, even the non-genetically related parent(s). However, if neither intended parent is related to the baby, they may need to establish their parental rights through a different legal process like an adoption.
A: No. Second-parent adoptions are prohibited in North Carolina.
A: In North Carolina, partners need to be married to ensure that each has equal parental rights. A non-biological parent can only be granted parental rights through a stepparent adoption or, in some cases, through a surrogacy pre-birth order.
A: There is not a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo, or child. It is important to work with an experienced surrogate attorney when using a donor egg, sperm, or embryo to help you establish your parental rights.
Connie Vetter
Charlotte, NC
ConnieVetter@CJVLaw.com
cjvlaw.com
(704) 333-4000
Jennifer Tharrington
Raleigh, NC
carolinafamilylaw.com
(919) 783-9669
Jeffrey Williams-Tracy
Charlotte, NC
jswt@hnftlaw.com
carolinasurrogacyattorney.com
(704) 401-0007
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