Gestational Surrogacy Regulations in North Carolina

Overview

Gestational Surrogacy is generally permitted in North Carolina. There are no statutes or
published case law that specifically permits or prohibits surrogacy.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of North Carolina, there is basis for venue in North Carolina. There is also basis for venue if the child is born in North Carolina * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in North Carolina:
Yes
Birth outside of North Carolina:
No

Pre-Birth Orders are generally granted, but it varies by county. Come courts will grant
Pre-Birth Orders while others grant Post-Birth Orders.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No*
Post-Birth Orders:
Yes

General Information

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 – 4 weeks
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 an international same-sex male couple 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)

Second Parent and Stepparent Adoptions for North Carolina Residents:

*This situation typically arises if the child is born outside of North Carolina. The parents then return to North Carolina to obtain a second parent adoption or stepparent adoption in North Carolina. Second parent and stepparent adoptions are not granted in North Carolina*

Traditional Surrogacy in North Carolina?

*Traditional Surrogacy legality in North Carolina is unclear. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.