Surrogacy and Assisted Reproductive Technology

Dempsey Law is dedicated to helping individuals and couples build their families through the use of assisted reproductive technology and surrogacy.


Taking the first step in adopting, surrogacy, or ART can seem intimidating. We’re here to support you every step of the way. 

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Surrogacy and Assisted Reproductive Technology are just two ways in which you can grow your family. While either of these options can be rewarding, they can also be complex and confusing. We are here to help demystify the process and guide you on your way to growing your family.

If you are considering surrogacy or assisted reproductive technology to grow your family, you may have a number of questions. What is the process like? How much does it cost? What are the legal implications? Our team is here to help you navigate these questions and more, and to provide you with the support and guidance you need to make informed decisions.

What Is Surrogacy And How Does It Work?

Surrogacy is a process in which a woman carries and gives birth to a child for another person or couple. There are two types of surrogacy: traditional surrogacy, in which the surrogate mother is also the biological mother of the child, and gestational surrogacy, in which the surrogate mother carries an embryo created using the egg and sperm of the intended parents or donors.

Gestational surrogacy is more common and involves the use of in vitro fertilization (IVF) to create an embryo, which is then transferred to the surrogate's uterus. The intended parents may use their own eggs and sperm, or they may use donor eggs or sperm. In either case, the surrogate has no genetic connection to the child.

When it comes to surrogacy, there are a number of legal considerations that must be taken into account. For example, it is important to have a clear, written agreement in place between the intended parents and the surrogate, outlining the terms of the arrangement and specifying what will happen in the event of any complications.

What Are The Laws That Govern Surrogacy?

In North Carolina, gestational surrogacy is not specifically addressed in the state's statutes. However, the state has a history of recognizing gestational surrogacy agreements and enforcing the terms of those agreements.

In North Carolina, gestational surrogacy agreements are generally enforceable as long as they are entered into voluntarily by all parties and do not violate any public policy. The intended parents and the surrogate must enter into a written agreement that outlines the terms of the surrogacy arrangement, including the parties' rights and responsibilities. It is also important to have an attorney represent each party to ensure that their rights are protected.

In North Carolina, the intended parents are typically recognized as the legal parents of the child from the moment of birth, and the surrogate has no legal rights or responsibilities with regard to the child. However, it is important to note that this may not always be the case, and it is crucial to work with an experienced adoption law firm to ensure that the legal rights and responsibilities of all parties are properly addressed in the surrogacy agreement.

It is also important to note that North Carolina has a waiting period for adoption, during which the adoptive parents must prove that they have met certain criteria before the adoption can be finalized. This waiting period does not apply to gestational surrogacy agreements, as the intended parents are recognized as the legal parents from the moment of birth.

What Is Assisted Reproductive Technology?

Assisted reproductive technology refers to a variety of techniques and treatments that are used to help individuals and couples who are having difficulty conceiving a child. These techniques may include medications to stimulate ovulation, artificial insemination, and in vitro fertilization.

In North Carolina, assisted reproductive technology (ART) is regulated by the North Carolina State Health Coordinating Council, which has established a number of requirements for ART clinics and procedures.

According to the North Carolina State Health Coordinating Council, ART clinics must be licensed and must meet certain standards, including having a medical director who is a licensed physician, maintaining proper records, and following established guidelines for ART procedures.

There are also a number of specific requirements that apply to different types of ART procedures. For example, in vitro fertilization (IVF) clinics must follow specific guidelines for the handling and storage of eggs, sperm, and embryos, and must provide detailed information to patients about the risks and success rates of the procedures.

In North Carolina, it is illegal to buy or sell eggs, sperm, or embryos. It is also illegal to advertise or offer to provide ART services or to induce anyone to undergo ART procedures.

The laws governing assisted reproductive technology in North Carolina are designed to protect the health and safety of patients and to ensure that ART clinics are operating in a responsible and ethical manner.

Contact Our Law Firm Today

At Dempsey Law,, we are committed to helping individuals and couples build their families through surrogacy and assisted reproductive technology. Whether you are just starting to consider these options or you are well into the process, we can provide you with the support and guidance you need to make informed decisions. Contact Dempsey Law to learn more.

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