If infertility treatment and IVF programs have not been successful, prospective parents may choose surrogate parenthood as a method to meet their family needs. Parents who pick surrogacy include patients with anatomical abnormalities, health disorders or frequent miscarriages. It may also be a reasonable way out for single father surrogacy issues.
Surrogate parenthood in North Carolina can be considered inspiring though still a terrifying process. No matter if you are a possible surrogate candidate or a future parent, you need to find out how to begin your way to surrogacy before you make the first step.
General Surrogacy Regulations
According to the Report of the Columbia Law School and Sexuality & Gender Law Clinic , there are no general US surrogacy laws which regulate this means of planning a family . Alternatively, each state has its own laws concerning such type of parenthood which can be puzzling for parents and surrogates, especially those who are just beginning the process.
If you are starting the process and managing basic research on NC surrogacy laws, you can find essential information and answers to frequently asked questions about legal regulations in this article.
North Carolina Adoption Vs. Surrogacy Laws
Like several other US states, North Carolina does not have laws which exactly address the issue of surrogate parenthood. The absence of official regulations regarding surrogacy does not equal the hopelessness of the process in North Carolina itself. On the contrary, there are other laws which prove that financially non-beneficial NC surrogacy agreements are considered legal.
The North Carolina General Statutes Chapter 48 is all about defining the adoption laws. This regulation states that financial transactions cannot be a part of the adoption, except for prospective parents reimbursement of medical and mother's living expenses. If the adoption procedure has not been completed, the refund may also be claimed. However, there are no laws restricting compensation for surrogate services. Lawyers of both parties should negotiate the question of compensation, and the contract will be functional as specified in the legal agreement on surrogate parenthood.
North Carolina laws make it prohibited for same-sex couples to adopt a child, and the matter of adoption by a single partner is not legally stated. However, due to the 2015 marriage equality ruling, same-sex partners have the same volume of surrogacy rights as heterosexual parents. They may need to take extra steps caused by the necessity of egg or sperm donations, though a qualified attorney can help them cope with those issues.
Surrogate Parenting Agreement
It is essential for everybody to understand the lack of North Carolina legal surrogacy regulations does not make surrogacy impossible or unsafe. As USLegal states, the surrogate parenting agreement will be of greater importance in the process. Specialists have already developed an adequate legal process based on the above-mentioned agreement. Once it is ready, the surrogacy procedure will be legally supported by the contractual law.
In this agreement, parties state the main conditions of the process including compensation. Even if a surrogate is willing to have altruistic surrogacy and decides not to receive any financial compensation, a professional lawyer experienced in surrogacy issues is needed. Such cooperation ensures the obtaining of proper financial assistance and medical expenses compensation. The contract guarantees that health insurance issues and possible problems within the pregnancy period are anticipated and settled.
Parental rights in the surrogate procedure have always been a disputable question for future parents. Unfortunately, there are no North Carolina surrogacy regulations which this process can base on, though experienced surrogacy lawyers are used to transparent legal procedures of obtaining pre-birth parental rights and limitations.
The pre-birth order provides prospective parents with clear parental rights even before the baby is born. It includes parents’ names listed on the original birth certificate and regulates access to the child and medical decisions concerning it.
What to Start With?
Reading this article, you can find the answers to frequently asked questions about North Carolina surrogacy still keeping in mind that every legal case is unique and needs more in-depth research for a successful result.
The initial stage in every surrogacy procedure should be choosing a pro attorney and deciding on the legal points. Afterward, you can proceed with the next steps, the first and foremost of which is finding a suitable surrogate or parent/ couple. This process should be mutual taking into account individual freedom of choice. It is essential for both sides to be comfortable with an agreement itself because surrogacy is a very intimate and specific process.
The next stage is obviously signing the contract. Your lawyer should verify that all critical aspects of the process are reckoned as a contract is a tool for successful North Carolina surrogacy. Performing medical processes and securing parental rights are also a vital part of the surrogate parenthood. Unquestionably, every NC surrogacy is different, though a general process follows the list described above.
Bottom Line
So, the North Carolina surrogacy process will continue the same way as in other states. A professional lawyer can efficiently conduct all the stages and ensure that the required legal and health issues are managed. Whether you are a future parent or a prospective surrogacy candidate, your first step should be to consult surrogacy professionals. They can answer all your questions and assist you in determining the right progress of the process for you.
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Helping you out with US and North Carolina laws and regulations concerning surrogate parenthood.
Irfan Ak is an digital marketing strategist & writer at different niches.