If you or someone you know is considering surrogacy, you may wonder if having a surrogate carry your child to term is legal. You might have heard from friends who reside in another state that their state does not permit surrogacy, so it must be illegal everywhere else. However, you should know that no nationwide ban on surrogacy exists, and that laws governing surrogacy vary by state.
American Surrogacy explains that North Carolina has no surrogacy laws on the books. Also, state courts and judges have shown favorability toward surrogacy and are likely to allow most cases of surrogacy to proceed. This means state residents are free to pursue a number of surrogacy options, including altruistic or compensated surrogacy. A woman and a surrogate may sign an enforceable contract dictating that a surrogate will carry a baby a term and that the surrogate shall receive compensation for her efforts.
Confusion over the legality of surrogacy exists because, as American Surrogacy points out, each state varies their approach to surrogacy. Some states have no surrogacy laws at all. Surrogacy is not banned, which largely leaves the practice up to the courts and to experienced medical professionals. On the other hand, there are states that are not friendly towards the idea of surrogacy and ban the practice.
Other states tend to take a more complicated approach to surrogacy. Some states welcome certain forms of surrogacy while banning others. There are also states that regulate surrogacy in great detail. These states do so with the aim of promoting safety for all involved in surrogacy and clarifying legal steps to surrogacy to make them easier to understand.
There should be no question that North Carolina allows its residents to engage in surrogacy. There may be legal questions associated with surrogacy, such as the obligations of the surrogate and the rights of a parent seeking a surrogate, that an experienced attorney may assist you with as you prepare for your surrogacy journey.