Is Surrogacy Legal in North Carolina?

Surrogacy Law in North Carolina

North Carolina Surrogacy Law: Types of Surrogacy

In North Carolina, gestational surrogacy is permitted because no statutes or case law prohibit it.

Traditional (genetic) surrogacy’s legality is unclear in North Carolina. If the surrogate is not married, it may be possible for the intended father to be listed on the birth certificate. But it is less certain for the intended mother. It’s important to speak with an experienced attorney licensed in North Carolina before proceeding with a traditional surrogate.

Are There Surrogate Requirements in North Carolina?

No specific legal requirements exist to serve as a gestational surrogate in the state of North Carolina.

Does North Carolina Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in North Carolina have been known to grant pre-birth orders, but post-birth orders are more complicated. The result depends highly on the individual court.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using their own egg and own sperm
Same sex couples, using an egg or sperm donor*
Single parents using an egg or sperm donor
*Yes, if married

No

For intended parents who are in no way genetically related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

Married heterosexual couples
Married same sex couples
Single parents

No

Whose names go on the birth certificate in North Carolina?

Parents will be listed on the birth certificate as “mother/parent and father/parent.”

An international same-sex male couple can obtain a birth certificate listing either just the biological father as the sole legal parent or a birth certificate listing both fathers as the parents (if the couple is married). . Should the intended parents wish to have one father on the initial birth certificate, and then have a second birth certificate generated later with both fathers listed, a second-parent adoption in Florida (as second parent adoptions are not available in North Carolina) will be necessary. The process cannot be expedited on the basis of the child being born in state.

Surrogacy Conditions for Same-Sex Couples in North Carolina

Conditions are favorable for same-sex couple to use a surrogate in North Carolina. Same-Sex couples are treated the same as heterosexual couples under the statute and they can be married or unmarried and use their own genetics.

Are There Options for Unmarried Intended Parents in the state of North Carolina?

Yes, marriage is not a requirement under the statute so unmarried couples are treated the same as married couples.

Egg Donation Law

There is no law in North Carolina governing the rights of sperm or egg donors to the resulting children of surrogacy/donation. However, sperm donation, egg donation, and embryo donation contracts are routinely drafted in North Carolina in which the donors forfeit any and all parental rights they may have to future offspring.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in North Carolina*

Jennifer S. Tharrington
Haas Tharrington, P.A.
5100 Oak Park Rd. Suite 200
Raleigh, NC 27612
Phone: 919.783.9669 www.carolinafamilylaw.com

Amy Wallas Fox, Esq.
Claiborne Fox Bradley PLLC
417 East Blvd. Suite 101
Charlotte, NC 28203
Phone: 704.702.0300
https://ncbabylaw.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.