North Carolina Surrogacy Laws
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.
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
Birth Certificate Timeline
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.
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 is recommended, but not required, for all parties involved in a surrogacy agreement.
Requirements for Surrogates and Intended Parent(s)
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
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.
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