Gestational Surrogacy is permitted in North Carolina because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders? Yes
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue? Some attorneys prefer to use the county of the Intended Parents’ residence, the county of the Gestational Carrier’s residence, or the county of the child’s birthplace. Other attorneys find venue acceptance at the discretion of the judge.
Do results vary by venue? Yes
If yes, are motions to waive venue accepted? Yes, so long as the child will be born in North Carolina.
Is a hearing required to obtain a pre-birth order? It varies by judge, both as to whether a hearing is required and who must attend.
Is a pre-birth order possible in North Carolina based on a Gestational Carrier’s plan to deliver in North Carolina, if no party lives in North Carolina? Most likely
Will North Carolina Vital Records honor a pre-birth order from another state? No
What is the typical time frame to obtain a birth certificate after delivery? 1 week to a month
How are same-sex parents named on the final birth certificate? Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes, if the parents are married.
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in North Carolina (i.e., neither of the Intended Parents lives in North Carolina)? No
If no, will North Carolina Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
Note: This situation typically arises if the child is born outside of the state. The parents then return to North Carolina to obtain a second parent adoption or stepparent adoption in North Carolina.
Will courts in North Carolina grant second parent adoptions or stepparent adoptions to heterosexual couples living in North Carolina? No, second parent adoptions do not occur in North Carolina.
Will courts in North Carolina grant second parent adoptions or stepparent adoptions to same-sex couples living in North Carolina? No, second parent adoptions do not occur in North Carolina.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No
The legality of Traditional Surrogacy in North Carolina is unclear. Some courts may name the biological father on the birth certificate, but they may also name the Traditional Surrogate as the mother.
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