Gestational Surrogacy in North Carolina

Pre-birth Parentage Orders

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?

• Married heterosexual couple using own egg and own sperm: Yes
• Married heterosexual couple using an egg donor or sperm donor: It varies by county. Some courts will grant pre-birth orders, while others will grant post-birth orders.
• Unmarried heterosexual couple using own egg and own sperm: Yes
• Unmarried heterosexual couple using an egg donor or sperm donor: It varies by county. Some courts will grant pre-birth orders, while others will grant post-birth orders.
  Same-sex couple using an egg donor or sperm donor: Yes, if married.
• Single parent using own egg or sperm: Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

• Married heterosexual couple: Yes
• Unmarried heterosexual couple: Unclear
• Married Same-sex couple: Yes
• Unmarried Same-sex couple: Unclear
• Single parent: Yes

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