Understanding the surrogacy laws in North Carolina is an essential first step if you're hoping to grow your family. While North Carolina doesn't have explicit legislation governing surrogacy, the legal process is still accessible — especially with the right professional guidance.
When you work with a national agency like American Surrogacy, you gain access to legal experts, vetted matches, and unwavering support tailored to your state’s unique legal landscape.
With our help, you can pursue surrogacy confidently — in North Carolina or another surrogacy-friendly state.
Let’s explore how surrogacy works in this state, what legal documents for surrogacy you need, and how we can support you through every step of the surrogacy legal process.
Contact us online to speak with a North Carolina surrogacy specialist today.
North Carolina Surrogacy Laws
North Carolina has no statutes or published case law that explicitly permit or prohibit surrogacy. That means surrogacy is legal — but it’s crucial to follow the correct legal and procedural steps.
Most surrogacy professionals in the state, including attorneys and agencies, treat North Carolina as a surrogacy-friendly state when proper legal safeguards are in place.
At American Surrogacy, we’ve helped countless families pursue gestational surrogacy here through enforceable contracts and attorney-led parentage orders.
Is Paid Surrogacy Legal in North Carolina?
Yes. Paid surrogacy is legal in North Carolina. While there is no statute that explicitly allows surrogate compensation, there are no laws prohibiting it either.
Compensation is addressed and negotiated in the surrogacy contract, which outlines all agreed-upon terms between the intended parents and the surrogate.
At American Surrogacy, we ensure that every surrogate receives fair compensation covering:
Base compensation Medical expenses Legal fees Maternity clothing Travel costs And more
Because we’re a national agency, we can also help intended parents in North Carolina match with surrogates in other states with more surrogacy infrastructure if needed — so your dream of parenthood never hits a legal roadblock.
Can a Piece of Paper Really Protect Everyone in a Surrogacy Journey in North Carolina?
Yes. Surrogacy contracts are enforceable in North Carolina as long as they meet standard legal requirements.
Your contract will need to:
Be signed voluntarily by all parties Include independent legal representation for the surrogate and intended parents Clearly outline compensation, responsibilities, and contingencies
Because there’s no statute guiding surrogacy, a strong, enforceable contract is absolutely essential. American Surrogacy works closely with local attorneys to ensure every agreement holds up in court.
What Should Be Included in a Surrogacy Contract?
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract?
Surrogacy contracts come after matching with your surrogate, but before medical procedures begin. Our specialists will help you understand the timeline and walk you through every step of the legal process.
How Will American Surrogacy Support Me During the Contract Stage?
We make the legal process approachable and stress-free.
With American Surrogacy:
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
This approach ensures your journey begins with confidence and legal clarity.
LGBTQ+ Surrogacy Laws in North Carolina
North Carolina is generally inclusive for LGBTQ+ intended parents. The state allows both parents to be listed as “Parent” on the birth certificate. However, second-parent adoptions do not occur here — which can impact how both parents gain legal recognition.
We work with LGBTQ+ families every day to navigate these legal nuances and find a path forward, whether through step-parent adoption or pursuing surrogacy in another supportive state.
Find out more about how to grow your family with us.
Abortion Laws in North Carolina and Surrogacy Contract Termination Agreements
North Carolina bans most abortions after 12 weeks, with limited exceptions. This restriction impacts how termination clauses are addressed in surrogacy contracts.
Every surrogacy contract should clearly state:
- Who has decision-making authority about termination
- Under what conditions termination may occur
- How these align with state laws
If the laws in your state feel restrictive, our national network means you can match with a surrogate in a more legally flexible state.
Surrogacy Laws for Establishing Parentage in North Carolina
Parentage is typically established through pre-birth orders, particularly when at least one intended parent is genetically related to the baby. However, enforcement can vary:
- Some counties grant pre-birth orders
- Others require post-birth orders
If both intended parents are not genetically related, they can still obtain a pre-birth order if married or as a single individual.
LGBTQ+ couples may use step-parent adoption to ensure both parents are legally recognized.
Here’s Exactly What You Need to Know to File a Pre-Birth Order — and Why Timing is Everything
Here’s what you need to know:
Depends on attorney preference — often the county of the intended parents, gestational carrier, or child’s birth Varies by judge Usually issued 1 week to 1 month after birth
International Surrogacy Laws
North Carolina does not have specific international surrogacy laws. However, any surrogacy involving international parties must still comply with North Carolina’s processes for establishing parental rights.
The Role of a Surrogacy Attorney in North Carolina
Having a qualified surrogacy attorney is essential. They’ll help you:
- Draft and review your surrogacy contract
- Secure your pre-birth or post-birth order
- Navigate any parental rights or court requirements
American Surrogacy doesn’t employ in-house attorneys — so there’s no conflict of interest. But we’ll connect you with trusted legal professionals across the state.
Find a Surrogacy Attorney Near me
- Jeff Williams-Tracy (Charlotte): Williams-Tracy has over two decades of helping form families through legal representation with gestational surrogacy agreement and pre-birth orders being two of his areas of practice.
- Camino Law (Greensboro): Attorney Rebecca Perry is a North Carolina Board Certified Family Law Specialist and has experience with legal issues that may arise in surrogacy arrangements.
- Village Law Group (Chapel Hill): Attorney Jennifer Tharrington currently works exclusively with clients growing their families through assisted reproduction and surrogacy. Tharrington is an Assisted Reproductive Technology (ART) fellow of the prestigious Academy of Adoption and Assisted Reproduction Attorneys (AAAA), one of only four attorneys in North Carolina with such a distinction.
What If You Could Choose the Right Surrogacy Program for Your Family — Right Here in North Carolina?
American Surrogacy offers three distinct surrogacy programs designed to meet the needs of intended parents at every stage of their journey:
- Foundation Program: Our most comprehensive option, this program includes end-to-end support — from screening and matching to coordination and legal assistance. It’s ideal for families seeking a full-service, guided experience with expert oversight every step of the way.
- Limited Risk Program: Designed for peace of mind, this program offers a reduced-risk approach with financial protection, including refund policies if key milestones aren’t reached. It’s a strong option for intended parents concerned about uncertainty in the process.
- Independent Program: Perfect for those who already have a match or want more control over their journey. This flexible option provides support with the essentials — such as legal coordination and insurance reviews — without the full-service structure.
Each program is built to accommodate different preferences, timelines, and budgets — and we’ll help you choose the one that’s right for you.
FAQ: Legal Aspects of Surrogacy in North Carolina
Is IVF covered by insurance in North Carolina?
No. North Carolina does not mandate IVF coverage.
The following states require some sort of coverage: California, Montana, Utah, Colorado, Oklahoma, Hawaii, Arkansas, Louisiana, Illinois, Kentucky, Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware and Maryland)
Is an embryo considered a person in North Carolina?
Not legally. "Unborn child" is defined as carried in the womb. Frozen embryos do not fall under this category.
Is traditional surrogacy legal?
Not explicitly banned or permitted. Courts may require additional legal steps for parentage.
Do sperm and egg donors have parental rights?
No, per §48C-301: “A donor is not a parent of a child conceived by means of assisted reproduction.”
Is there an IVF tax credit?
Yes, via IRS medical expense deductions if costs exceed 7.5% of your AGI.