Three Questions to Ask Your Surrogacy Attorney

If you are new to surrogacy, your first phone call with a family formation attorney is an important chance to ask questions. Here are three that should be at the top of your list:

What services will I get from a family formation lawyer?

Almost every case starts with a written contract between the parties. States that have well-developed law governing surrogacy, donation and parentage universally require contracts. If working in a state like North Carolina without well-developed law, then the contract provides the only framework for the relationship between the parties. Every clinic involved with third-party reproduction will require that the parties have a contact. Most clinics will require that each of the parties to the contract be represented by a lawyer.

Often parentage must be clarified by judicial decree, and a family formation lawyer will help you with this task. Once there is a viable pregnancy, a family formation lawyer will obtain parentage orders (pre-birth orders and sometimes post-birth orders) and/or adoption decrees.

Finally, a family formation lawyer provides estate planning services in the event of unexpected events. It is common for family formation contracts to require that Intended Parents have wills and powers of attorney. These same contracts often require that gestational carriers and/or donors execute healthcare powers of attorney.  Even if the contract does not require it, growing families should consider updating their estate plans. 

Do I need a North Carolina family formation lawyer?

Interstate – and even international – family formation relationships are common. However, in which states you need an attorney is a more complicated question than you might think. The connections to different states among the intended parents, the gestational carrier, the child’s place of birth, the clinics and even other considerations must be evaluated to determine where representation is required. Your family formation attorney will also guide you on where representation is most advantageous to your needs. It is essential that you consult with an attorney early in the process to determine the best course.

Does North Carolina have favorable family formation law?

North Carolina has almost no specific law dealing with third-party reproduction. Although there is no specific law that provides a framework for contracts or parentage orders, there is nothing to prohibit these transactions either. In fact, contracts are regularly executed in North Carolina.  Parentage orders are also regularly entered in North Carolina. The state is home to several agencies and clinics that assist in the creation of families.