Due to the lack of specific surrogacy laws in North Carolina, it is crucial to collaborate with attorneys who are well-versed in this state’s legal framework for surrogacy arrangements. For such an agreement to be enforceable, it must, therefore, be extremely carefully crafted due to the lack of clear legislation.
Legal Highlights:- Gestational vs Traditional Surrogacy: Gestational surrogacy, where the surrogate does not have a genetic connection to the child, is usually much more legally secure here in North Carolina than traditional surrogacy.
- Pre-Birth Orders: In some counties, pre-birth parentage orders can be granted, but this process is varied. Often, courts will look to the marital status and genetic relationship of the would-be parents.
- An Explanation of Surrogacy Contracts: Similar to a Gestational Surrogacy Agreement, state law does not really talk directly about surrogacy contracts, but courts usually will enforce them if they satisfy legal requirements and protect the child’s best interest.
- Surrogate: The surrogate must pass certain medical and psychological tests to determine whether they are suitable
Due to the nuances in North Carolina’s surrogacy laws, having specialized legal professionals guiding the process is key to a hassle-free and legally sound experience.