Surrogacy in North Carolina

Gestational Surrogacy in North Carolina

Surrogacy is legal in North Carolina. Gestational surrogacy is practiced in North Carolina as there is no prohibition of it by either case law or statute. While most intended parents are able to obtain a pre-birth parentage, in some occasions parentage may be determined post-birth. The biggest factor is the intended parents’ marital status and genetic connection to the child. One specificity as to North Carolina gestational surrogacy is that when a known donor is used, the donor will also to be a party to the parentage legal proceedings. Nevertheless, single genetic parents, married and unmarried heterosexual couples with at least one genetic parent, and married same-sex couples with one genetic parent traditionally have no issue obtaining pre-birth orders as a matter of course.

Understanding Surrogacy Laws in North Carolina

Legal Parentage

Most parents can obtain a pre-birth order in North Carolina, especially when at least one parent has a genetic connection to the embryo. In the case that North Carolina does not grant a pre-birth order, a post-birth order is possible. Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the parentage order will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the North Carolina Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About North Carolina Surrogacy Law

Do You Need a Medical Need for Surrogacy in North Carolina?

Although there is no specific law on this, it is best practice to only pursue surrogacy in North Carolina if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

North Carolina permits married couples, partnered couples and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In North Carolina, parents do not need a genetic connection to the embryo

Can International Intended Parent(s) Pursue Surrogacy in North Carolina?

International parents can pursue surrogacy in North Carolina. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, North Carolina allows surrogacy for all individuals including the LGBTQ+ community. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in North Carolina. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in North Carolina?

Generally, no. Intended parents do not need to be North Carolina residents for the Act to carry out a surrogacy journey in North Carolina. Similarly, Gestational Carriers are not required to reside in North Carolina. Surrogates are required to be a citizen or legal resident of the United States.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

No, there are no written laws relating to the rights of gestational carriers. Learn more about surrogate rights.

Understanding Surrogacy Terminology

Navigating surrogacy laws in your state requires familiarizing yourself with the legal terms commonly used in these laws and contracts. Explore the distinctions between gestational, traditional, and altruistic surrogacy, along with other key surrogacy terms, in our comprehensive surrogacy glossary.

DISCLAIMER: The information in this blog does not constitute legal advice and should not be construed as such. The information contained is strictly for informational purposes only. ConceiveAbilities does not represent or warrant the content to be error-free.