An introduction to the laws of Assisted Reproductive Technology (ART) in the State of North Carolina

Generally, is North Carolina friendly to ART? North Carolina is friendly to ART.

Is North Carolina friendly to non-married couples? North Carolina is sometimes friendly to non-married couples.

Is North Carolina friendly to LGBT families? North Carolina is friendly to LGBT families.

Is North Carolina friendly to a single intended parent? North Carolina is friendly to single intended parents.

Are there statutes in place for surrogacy?  North Carolina does not have surrogacy statutes.

Does North Carolina have an embryo donation statute? North Carolina does not have embryo donation statutes.

Does North Carolina have an egg donation statute? North Carolina does not have egg donation statutes.

Is gestational surrogacy (third party gamete use) permitted? North Carolina permits gestational surrogacy.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? It is unclear if North Carolina permits traditional surrogacy.

Is paid surrogacy allowed by statute?  In practice? In practice, North Carolina allows paid surrogacy but they do not have a statute.

Is expense reimbursement only surrogacy allowed by statute?  In practice? In practice, North Carolina allows expense reimbursement surrogacy but there isn’t a statute.

Does North Carolina only permit a Carrier to be reimbursed for expenses (altruistic)? Carriers can receive compensation in North Carolina.

Are surrogacy agreements enforceable, void or prohibited? The validity of surrogacy agreement is untested in North Carolina.

Do both Intended Parents both have to be genetically related to the child? Intended Parents do not have to both be genetically related to the child in North Carolina.

Does North Carolina require at least one Intended Parent to be genetically related to the child? North Carolina does not require at least one Intended Parent to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child? If a single intended parents uses surrogacy in North Carolina, they do not have to be genetically  related to the child.

Do the Intended Parents have to be married? Intended Parent do not have to be married in North Carolina, although it hasn’t been well tested in North Carolina.

Do two Intended Parents have to be opposite gender? Two intended parents do not have to be opposite gender.

Does North Carolina allow pre-birth parentage orders to be issued for surrogacy? North Caroline allows pre-birth parentage orders to be issued for surrogacy.

Does North Carolina only allow a post-birth parentage order to be issued? North Carolina does not only allow a post-birth parentage order to be issued.

Can you obtain both a pre and post birth order in North Carolina for the same child? North Carolina will issue both a pre and post birth order for the same child.

Can you obtain a parentage order if only the carrier resides in North Carolina? You can obtain a parentage order if only the carrier resides in North Carolina.

Can you obtain a parentage order if only the intended parents reside in North Carolina? You can obtain a parentage order if only the intended parents reside in North Carolina.

Can you obtain a parentage order if only the birth occurs in North Carolina? You can obtain a parentage order if only the birth occurs in North Carolina.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in North Carolina? You can obtain a parentage order if only the medical procedures/IVF Clinic is in North Carolina.

What is the basis for venue in North Carolina? Venue is waivable in North Carolina.

Do results vary by venue? Yes, result vary by venue in North Carolina.

Is a hearing required for a parentage order? A hearing is sometimes required for a parentage order in North Carolina.

Does North Carolina have a passport office? Yes, North Carolina has a passport office.

How long does it take to obtain a birth certificate? It takes about a week to obtain a birth  certificate in North Carolina.

Will your vital records honor a parentage order from another state? North Carolina vital records will not honor a parentage order from another state.

Does your vital records office require a parentage order from another state to be registered? Yes, an order from another state would have to be domesticated in North Carolina but the North Carolina vital records favors in-state orders.

How does the birth certificate list same-sex parents? North Carolina lists same-sex parents on a birth certificate as “father/parent” and “mother/parent” but it may vary by county.

Can an initial birth certificate be obtained naming the biological parent and the carrier? Yes, an initial birth certificate can be obtained naming the biological parent and the carrier in North Carolina.

Can the birth certificate be amended to include only the biological parent or both intended parents? Yes, the birth certificate can be amended to include only the biological parent or both intended parents in North Carolina.

Can intended parents in a surrogacy obtain an adoption order? Intended parents in a surrogacy can not obtain an adoption order in North Carolina.

Assisted Reproduction law and surrogacy involves many complex issues. Parties who are contemplating engaging in a surrogacy arrangement in the State of North Carolina should not rely exclusively on these printed responses. All these issues should be discussed with a North Carolina attorney who is experienced in surrogacy law. Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.