There are several surrogacy variations, and each one is dependent on the specific needs of the intended parent(s).  For example, donors may be used for both the egg and the sperm, or for just one or the other.  The donor of the egg or the sperm may be known, or unknown.  If the donor is known, it is important to have an agreement in which the donor relinquishes all rights to any embryo or child which may be created from the donated sperm or egg.

Pre-birth orders

Under current North Carolina law, it is presumed that a woman who gives birth to a child is the child's mother and her name is placed on the birth certificate—and, if married, her husband is listed as the father—unless the court orders the Department of Vital Records to do otherwise. 

By way of a pre-birth order, the court can order that the intended parent(s)—instead of the surrogate and/or her husband—be identified on the birth certificate as the mother and/or father of the child.  Generally, a court hearing is not required, as the petition is made with the consent of all parties.  However, the judge may require a hearing in order to verify that all parties are in agreement.  In the event a pre-birth order is not issued, the intended parent (even if already biologically related to the child) may need to adopt the child, and the process for adoption would then apply.

Protecting everyone involved

While it's crucial to protect the rights of the intended parents, it's just as important that donors and surrogates understand the responsibilities and liabilities they are exposed to in this process.  Since current North Carolina laws are vague regarding the rights and obligations of the parties participating in the process of assisted reproduction, many families use contracts including donor and surrogacy agreements to obtain the legal standing necessary to raise their children as intended.  A carefully drafted agreement can provide the best protection against legal conflicts between the parties, and can provide the court with evidence of each party's contractual rights and obligations, including the relinquishment of the possible parental rights of the non-intended parents.  When properly drafted and executed, these agreements have been enforced by our trial courts and have been used to obtain court orders regarding the issuance of birth certificates and the legal and physical custody of the child born from such agreements.

Services related to surrogacy

Our firm's services include advising our clients on the current law in North Carolina and drafting, negotiating and finalizing documents used to facilitate the creation/expansion of families through assisted reproduction:

  • Egg donor agreement—Egg donation involves the removal of eggs from a donor and the transfer of those eggs into either the intended mother or a surrogate who will carry the baby to term for the intended mother.
  • Surrogacy agreement—Traditional surrogacy involves the artificial insemination of the surrogate's egg.  Gestational surrogacy involves the use of a separate egg donor.
  • Sperm donor agreement—When the sperm donor is known to the parties, it is important that the parties enter into an agreement outlining their rights and obligations in relation to who will be raising the child.
  • Pre-birth order—A pre-birth order establishes the rights and obligations of each of the parties as to the child(ren) anticipated to be born via a donor and/or surrogacy agreement.  It also instructs state agencies regarding the appropriate names to be put on the child's birth certificate.

Know your rights

The creation of a family is one of the most important decisions of your life.  This is not a process to go through alone.  The attorneys and staff at Haas & Associates, P.A. are here to guide you through the legal process and to work with the hospital staff and the county and state departments of vital records to ensure that the birth certificate accurately reflects the court's order. 

Because every family is different

The attorneys of Haas & Associates, P.A. understand that each family has its own unique needs and goals that should be honored and furthered by the legal professionals who support them.  That is why commitment to our clients' needs is our number one priority.  Call us at 1-919-827-0916, or contact Haas & Associates, P.A. online to set up a consultation with one of our attorneys.