This guide provides an overview of surrogacy in the U.S. Issues discussed cover types of surrogacy and agreements included as part of the process. Links to state-specific laws are included.
North Carolina Legal Guide to Surrogacy — Surrogate: A Detailed Description --------------------------------------------------------- Introduction to Surrogacy in North Carolina: --------------------------------------------------------- Surrogacy is a legal and well-regulated process in North Carolina, US. It allows prospective parents, who cannot conceive or carry a child themselves, to create or expand their families. The North Carolina Legal Guide to Surrogacy — Surrogate serves as a comprehensive resource for individuals seeking to understand the various legal aspects, procedures, and requirements involved in surrogacy arrangements within the state. Types of Surrogacy in North Carolina: --------------------------------------------------------- 1. Traditional Surrogacy: Traditional surrogacy, also known as genetic or partial surrogacy, involves the surrogate using her own eggs to conceive the child. The surrogate's eggs are fertilized with the intended father's sperm through artificial insemination or invited fertilization (IVF). 2. Gestational Surrogacy: In gestational surrogacy, the surrogate, also referred to as the gestational carrier, carries a child conceived through IVF using either the intended parents' or donor's eggs and sperm. The surrogate has no genetic relation to the child but acts as a gestational vessel for its development. Legal Process and Requirements: --------------------------------------------------------- 1. Surrogacy Laws in North Carolina: North Carolina does not have specific surrogacy legislation. However, surrogacy is permitted through established case law and legal precedents. The state acknowledges pre-birth orders, validating the intended parents as the legal parents before the child's birth. 2. Surrogate Eligibility: To become a surrogate in North Carolina, a woman must meet certain criteria, including being of legal age (usually 21 or older), having given birth to at least one healthy child, and passing medical and psychological evaluations. Additionally, surrogates often need to reside in a surrogacy-friendly state, such as North Carolina, or be willing to travel for medical procedures. 3. Intended Parents' Eligibility: Intended parents can be married or unmarried, heterosexual or same-sex couples, or single individuals. They must also demonstrate their ability to financially support the child and pass the necessary background checks. 4. Surrogacy Agreement and Representation: Surrogacy arrangements typically require a detailed legal contract between the surrogate and intended parents, outlining expectations, responsibilities, compensation, and future contact preferences. It is highly recommended for both parties to retain separate legal representation throughout the process. 5. Medical Procedures and Counseling: Surrogates and intended parents must undergo comprehensive medical evaluations before beginning the surrogacy process. Medical professionals will carry out fertility treatments, including IVF, and may require counseling sessions during the journey to address emotional and psychological aspects. 6. Parental Rights and Post-Birth Processes: Upon successful birth, the intended parents can secure their legal parental rights through a pre-birth order or an adoption process. This legal procedure finalizes the transfer of parental rights from the surrogate to the intended parents. Conclusion: --------------------------------------------------------- The North Carolina Legal Guide to Surrogacy — Surrogate offers valuable information about the types, legal aspects, and requirements surrounding surrogacy in the state. Understanding the intricate details of surrogacy can help individuals and couples navigate through the process smoothly and achieve their dreams of parenthood. Seeking professional advice from experienced attorneys and agencies familiar with North Carolina's surrogacy laws is crucial to ensure compliance and protect all parties involved.
