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What decisions can people in surrogacy situations make?

November 16, 2022

Whether you are a surrogate or an intended parent, going through the surrogacy process can be overwhelming. How much control will you have? What decisions can you make? What are your rights?

By state and federal law, surrogate mothers and hopeful parents have responsibilities and rights. The unique agreement between each party also influences these matters.

Crafting a valid agreement

The General Assembly of North Carolina takes a look at surrogacy rights. First and foremost, hopeful parents and surrogate mothers must have a valid agreement crafted with the involvement and approval of all parties. The agreement could be nullified or invalidated if it does not meet all federal and state requirements, so making that mark is important.

Getting court approval

It is important to agree to artificial insemination in writing, too. It must also be signed by a notary public. All spouses, including any potential spouse of the surrogate, need to agree with the arrangement. After obtaining all necessary approvals, the contract may then be sent to the court.

It is possible the judge may ask for more before sanctioning the contract. For example, they may ask for parties to lay out their plans for financial responsibility between the point of insemination and afterbirth care.

Courts cannot terminate the agreement unless both parties include such terms in the contract itself. Parents can set up terms for surrogates to follow as well, such as not smoking during the pregnancy.

Though the contract process may seem complex, having a solid contract will save a lot of headaches later down the road for everyone.

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