What is gestational surrogacy?
Surrogacy is a method of reproduction whereby a woman agrees to become pregnant and deliver a child for third-party Intended Parents. Gestational surrogacy involves transfer of an embryo created from the laboratory union of sperm and an egg belonging to someone other than the Gestational Carrier. The laboratory union of sperm and egg is known as In Vitro Fertilization. Placement of Intended Parents' embryo in Gestational Carrier's uterus is known as Embryo Transfer.
How does the legal process begin?
Typically Intended Parents retain a lawyer to draft a Gestational Surrogacy Parenting Agreement (GSPA). Gestational Carriers are represented by legal counsel who reviews the GSPA and may suggest changes. Once all the terms are agreed upon by the Intended Parents and the Gestational Carrier, the GSPA is executed. The Intended Parents' attorney provides the fertility clinic with a clearance letter, which may include essential terms of the Agreement.
How is the child's birth certificate obtained?
Under current North Carolina law, it is presumed that a woman who gives birth to a child is the mother of that child, and her name will be placed on the birth certificate. Unless a court orders the Department of Vital Records to do otherwise, the Gestational Carrier will be listed as the child's mother, and if she is married her spouse will be listed as the child's other parent. A Pre-Birth Order (PBO) is used to place the Intended Parents' names on the child's original birth certificate.
Is NC friendly to gestational surrogacy?
Gestational surrogacy is permitted in North Carolina because no statute or published appelant court case law prohibits it. Courts here generally grant Pre-Birth Orders (PBOs), though results vary by venue. Gestational Surrogacy Parenting Agreements (GSPAs) and PBOs have not been tested by the North Carolina Courts.
Most IVF physicians will require an agreement between the Intended Parents and Gestational Carrier before beginning fertility treatments. Everyone is anxious to begin medications as soon as practical after the Gestational Carrier is cleared medically and psychologically. Because drafting, reviewing, negotiating and executing a GSPA can take time, the parties are encouraged to have legal plans early in the process.
What is the timeline for obtaining documents?
Should Intended Parents retain an attorney before the Gestational Carrier is cleared by the clinic?
Yes. Intended Parents are encouraged to retain legal counsel as early as practical. Jeff will refund attorney's fees paid to draft a GSPA if the Gestational Carrier is not cleared medically. Retaining Jeff early will provide time to gather information needed to draft the GSPA.
When do I begin the PBO process?
The PBO process does not begin until there is a viable pregnancy. Jeff will not charge an attorney's fee for work on the PBO until it is time to begin the PBO process.
Pre-Birth Orders are not the same thing as custody orders or adoption proceedings. In some cases, intended parents will choose to adopt their own child. The parentage plan will be discussed early.
Will I have to adopt my child?
Will I be charged for an initial consultation?
Jeff does not charge attorney's fees for most initial consultations. Feel free to call and ask questions.