Legal Aspects of Surrogacy - North Carolina

North Carolina permits gestational surrogacy due to the absence of any statutory or case law restrictions. This legal landscape has enabled numerous intended parents to fulfill their family-building aspirations through surrogacy. While this guide provides an overview of surrogacy practices in North Carolina, it's essential to seek specialized legal advice tailored to your specific surrogacy journey.

Key Questions About Surrogacy in North Carolina

Legality of Gestational Surrogacy

Gestational surrogacy is legally accepted in North Carolina. Most courts and judges view the process favorably, enhancing its feasibility for intended parents. This favorable view by the judiciary has helped make gestational surrogacy a viable and secure option for many families.

Status of Traditional Surrogacy

Traditional surrogacy is legal in North Carolina, but it comes with more complexities compared to gestational surrogacy. In traditional surrogacy, the surrogate is the genetic mother of the child, which can complicate the legal parentage. The surrogate may be recognized as the child's mother, necessitating legal steps such as a parentage order or adoption for the intended mother to be listed on the birth certificate. Due to these complexities and the emotional and legal risks involved, traditional surrogacy is less common.

Compensated Surrogacy in North Carolina

North Carolina does not restrict surrogate compensation. Surrogates may receive payments beyond their basic compensation, covering various expenses such as:

• Medical Costs: All pregnancy-related medical expenses.

• Travel Expenses: Costs for traveling to medical appointments.

• Maternity Clothing: Allowance for maternity wear.

• Childcare Costs: Expenses for childcare during medical appointments or bed rest.

• Legal Fees: Costs for legal representation for both the surrogate and intended parents.

• Miscellaneous Expenses: Monthly allowances for other necessary costs.

Drafting a North Carolina Surrogacy Contract

In North Carolina, surrogacy contracts must be crafted by specialized attorneys. Separate legal representation for intended parents and surrogates is crucial to protect each party's rights and interests. Key aspects typically covered in these contracts include:

• Rights and Responsibilities: Clearly defined roles and obligations of both parties.

• Potential Risks and Liabilities: Contingency plans for managing any potential issues.

• Financial Details: Comprehensive breakdown of compensation and insurance coverage.

• Sensitive Matters: Provisions for selective reduction, termination, and other critical decisions.

• Communication Expectations: Guidelines for how the parties will communicate throughout the surrogacy process.

Once the contract is finalized and signed, the medical aspects of the surrogacy process can commence.

Establishing Parental Rights in North Carolina

Pre-birth orders are often granted in North Carolina, but outcomes can vary based on the county and judge. These orders are typically available to:

• Married Couples: At least one intended parent must be genetically related to the child.

• Unmarried Couples: Both must be genetically related to the child to obtain a pre-birth order.

• Single Intended Parents: The parent must be genetically related to the child.

• Donor Embryos or Gametes: Couples or individuals using donor materials can often secure pre-birth orders.

However, in situations where neither intended parent is genetically related to the child, alternative legal processes such as adoption may be necessary to establish parental rights.

Same-Sex Surrogacy Considerations

Legality of Same-Sex Surrogacy: Same-sex surrogacy is legal in North Carolina. The process for LGBT+ intended parents mirrors that of heterosexual couples and often involves the use of a sperm or egg donor for IVF.

Additional Laws Impacting Same-Sex Parenting: There are no specific laws uniquely affecting same-sex surrogacy in North Carolina. However, post-birth adoption might be necessary in cases where both parents cannot be named on the birth certificate.

Frequently Asked Questions

Enforceability of Surrogacy Contracts: Surrogacy contracts are enforceable in North Carolina when they are mutually agreed upon and signed by both parties, provided they meet legal standards. It is important to have the contract reviewed by experienced legal professionals to ensure its enforceability.

Surrogacy Laws for Non-U.S. Parents: International intended parents follow the same process as domestic ones. It is recommended that they consult with an immigration lawyer to ensure compliance with legal procedures for bringing their child to their home country.

Post-Birth Adoption Requirements: If intended parents cannot secure a pre-birth or post-birth order, they may need to pursue an adoption to establish their parental rights. This is often required when neither intended parent has a genetic link to the child.

Second-Parent Adoptions in North Carolina: Second-parent adoptions are not permitted for unmarried couples. Unmarried non-biological intended parents may need to pursue a stepparent adoption or, in some cases, a pre-birth order to establish their parental rights.

Donor Egg, Sperm, or Embryo Cases: North Carolina lacks specific statutes or case law addressing donor rights in assisted reproductive scenarios. It is crucial to work with an experienced surrogacy attorney to establish parental rights in cases involving donor gametes.

Conclusion

North Carolina's supportive stance on gestational surrogacy, backed by the absence of restrictive laws, makes it a viable option for intended parents and surrogates. While traditional surrogacy is legally allowed, it involves more legal complexities, making gestational surrogacy the preferred choice. For specific guidance and legal advice, it is essential to consult with a knowledgeable attorney experienced in surrogacy law to navigate the legal landscape and ensure that all parties' rights and interests are protected.