North Carolina Surrogacy Laws
Overview
Gestational surrogacy is permitted in North Carolina because there are no statutes or case law that restrict it.
Traditional surrogacy, however, is not addressed, which makes the enforce-ability of legal contracts for this type of surrogacy unclear.
Types of Surrogacy Available in North Carolina
Can a parentage order be obtained for the following?
No statutes or published case law address traditional surrogacy. However, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
Gestational surrogacy
Commercial surrogacy
Traditional surrogacy
Altruistic surrogacy
Parentage
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order.
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Whether a court will grant a parentage order to Intended Parent(s) depends on the court in which the motion is filed. Although there is no guarantee of outcome, Intended Parent(s) with a genetic connection to a child are regularly granted parentage orders.
Non-genetic Intended Parents may need to establish parentage via a stepparent adoption. According to North Carolina statute N.C.G.S.A. § 48-4-101, married couples can complete a stepparent adoption if the child has primarily resided with them for six months before filing. Couples must be married for at least two years to avoid the home study requirement.
How are Intended Parent(s) Listed on the Birth Certificate?
Intended Parent(s) may be listed as Father-Mother or Parent-Parent or Mother or Father.
Rights of Egg or Sperm Donor(s)
According to N.C.G.S. 49A-1, donors of sperm for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child. The law states that “Any child or children born as the result of heterologous artificial insemination shall be considered at law in all respects the same as a naturally conceived legitimate child of the husband and wife requesting and consenting in writing to the use of such technique.”
There is no similar law for egg or embryo donors, and no legal requirement for the law to be read in a gender-neutral manner.
Surrogacy Steps in North Carolina
Surrogacy Process in North Carolina
Select your agency if applicable
Match with a gestational carrier
Complete medical and psychological evaluations
Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement
Begin IVF cycle with surrogate
Pre-birth order
Delivery and birth certificate finalization
Birth Certificate Timeline
Birth certificate
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Court Processes
Surrogacy Contracts
Although there’s no statute or case law addressing surrogacy contracts, gestational surrogacy contracts in North Carolina have been recognized and enforced by the state.
Independent Counsel
Independent counsel is recommended, but not required, for all parties involved in a surrogacy agreement.
Requirements for Surrogates and Intended Parent(s)
Birth Orders
Do courts issue pre-birth orders?
Do courts issue post-birth orders?
Are hearings required to obtain either pre- or post-birth orders?
If hearing is required, do all parties need to attend?
Because there are no statutes or case law, results may vary depending on the court. The ability to obtain a parentage order may depend on marital status and genetic connection to the child.
Bases of Venue
What are the bases of venue?
Do rulings vary by venue?
Can you file a motion to waive venue?
International Issues
International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Residency Requirements
Does the state impose residency requirements on either the surrogate or Intended Parent(s):
Birth Certificates
Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?
Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?
Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?
Passport Timeline
6-8 weeks after submitting birth certificate.
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Consulting Attorneys
E Parker Herring
434 Fayetteville Street, Ste 2135
Raleigh, NC 27601
(919) 821-1860
pherring@weputfamiliesfirst.com
www.parkerherringlawgroup.com
Legal Disclaimer
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019