How We Can Guide You Through Your Surrogacy in North Carolina

Often, prospective surrogates and intended parents ask us, “Is surrogacy legal in North Carolina? Can I safely complete a surrogacy process here?”

The answer is yes. With the guidance of professional North Carolina surrogacy attorneys like those at Claiborne|Fox|Bradley, you can make your surrogacy dreams come true in this state. However, because the surrogacy process is a complicated commitment, it’s important that you fully understand the legal and practical sides of this journey before starting.

Every North Carolina surrogacy journey is different, and it may not always be the right choice for everyone. So, how do you decide if surrogacy in North Carolina is the best path for you?

When you contact our attorneys, they can walk you through the surrogacy process in North Carolina, including any applicable N.C. surrogacy laws for your situation, and answer any questions you may have. Our partnership with local surrogacy program Southern Surrogacy means we have an extensive knowledge of both the legal and practical aspects of this family-building journey — an advantage to prospective surrogacy clients like yourself.

To learn more about surrogacy in North Carolina, please call our law firm at 404-442-6969. Below, find some basic information to help you get started.

What to Know About North Carolina Surrogacy Laws

First, there’s one important thing to know about surrogacy laws in North Carolina — that there are none.

Unlike some other states in the U.S., North Carolina has no state legislation regarding the surrogacy process. Instead, surrogacy in North Carolina follows a legal process established by local professionals. It’s just as safe as the process of surrogacy in other states with regulatory laws, when completed with the assistance of professionals like those at Claiborne|Fox|Bradley. This way, you can protect your rights and the rights of your surrogacy partner as you work toward mutual surrogacy goals.

Surrogacy laws in North Carolina regarding parental orders may be dependent upon the court overseeing the surrogacy. While most intended parents will be able to obtain a pre-birth parentage order, others may not — which is why a North Carolina surrogacy attorney is so crucial. Your attorney will address this (and all other aspects of your surrogacy) in your surrogacy contract, which will be upheld in court as long as it is drafted appropriately.

As long as you have a surrogacy contract created by two experienced attorneys representing each party, your surrogacy will be legal in North Carolina.

How Surrogacy Works in North Carolina

If there are no surrogacy laws in North Carolina, how do people know what steps to take in their surrogacy process?

As mentioned, surrogacy professionals have established an efficient, legal process for surrogacy in North Carolina, based upon the processes in states with well-regulated surrogacy laws. While every surrogacy journey is different, most surrogacies will include these common steps:

  1. You will find a surrogate or intended parent to help you achieve your surrogacy goals. You can do this through a surrogacy program, your friends and family or independently.
  2. You and your surrogacy partner will pass medical and mental health screening prior to a contract being drawn or medical processes beginning.
  3. Your surrogacy attorney will create a surrogacy contract outlining the rights, responsibilities and liabilities of your surrogacy contract. You and your surrogacy partner will be represented by separate attorneys to protect your interests.
  4. A fertility clinic will prepare the surrogate for the embryo transfer with fertility medications. Once the procedure is completed at the clinic and the surrogate is pregnant, she will return to her local obstetrician for prenatal care.
  5. In the last trimesters of the pregnancy, the intended parents’ lawyer will begin the steps of establishing parental rights through a pre-birth parentage order.
  6. The parties will create a delivery plan for the surrogate’s hospital stay to ensure all are prepared. Once the baby is born and any legal steps are taken to establish parental rights, the intended parents will finally have the new addition to their family.

Of course, every surrogacy journey is different, and your individual process may look slightly different. To ensure that your surrogacy goals are met and that you follow appropriate legal regulations, it’s important that you work with a surrogacy professional (like an attorney or agency) from the very beginning. The attorneys at Claiborne|Fox|Bradley can help.

Professionals Needed for a Surrogacy in N.C.

As you’ve probably gathered, you must work with an experienced attorney to complete a surrogacy in North Carolina. Because there are no surrogacy laws, and the legal process of surrogacy can be so personalized, you will need legal guidance from start to finish. Fortunately, our surrogacy attorneys are here to help. Whether you are still considering surrogacy or are interested in starting your North Carolina surrogacy process, you can contact our law firm to learn more about our assistance with your surrogacy contract and establishing parental rights.

But a surrogacy attorney is not the only professional needed to complete a surrogacy in North Carolina. Every surrogacy journey will require a fertility clinic, the medical professional who will prepare the surrogate and the embryo for the eventual transfer procedure. In most cases, intended parents can continue to work with the fertility clinic they began infertility treatments with. Our law firm can always provide references to trusted local clinics, should you need them.

While a surrogacy attorney and surrogacy clinic are needed in every North Carolina surrogacy, there is another beneficial professional you may consider — a surrogacy agency or program. These professionals provide case management, counseling and support services from the beginning to the end of your surrogacy journey. For surrogates and intended parents who do not want the extra responsibility of an independent surrogacy, they may consider working with a surrogacy agency in North Carolina.

Here at Claiborne|Fox|Bradley, we offer legal services to clients who are completing independent and agency-assisted journeys. If you are interested in working with a surrogacy program, we can refer you to our surrogacy partners at Southern Surrogacy. We work closely with that program as their clients’ legal representation; therefore, our knowledge of all aspects of the surrogacy process better informs our services to you.

If you are interested in completing a surrogacy in North Carolina, please contact our law firm today for more information. When you are ready, we can help you start your surrogacy process safely and legally.

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