Articles Tagged with surrogacy

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In Part 1, we talked about the confusing hodgepodge that is international and US surrogacy law. In considering surrogacy, you may be hoping to keep things close to home to keep travel costs down and stay close to everyone involved and wondering what the law is here in North Carolina. While North Carolina doesn’t have any specific law regarding surrogacy, most judges in the state will grant intended parents pre-birth orders protecting their status as parents, and North Carolina is considered a surrogacy-friendly state. Continue reading →

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Thousands of families around the world have successfully grown with the help of a surrogate mother, and you may have decided that surrogacy is the best option for your family. But before you decide, be sure you’ve done your homework. The legality of surrogacy changes depending on where you are, even within the United States. No one wants to get to the birth of their child and find that they aren’t the child’s legal parents based on local laws. If you are using international surrogacy, your child may even end up with no legal parents or citizenship due to differing laws about who is a legal parent at birth. Continue reading →

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There is a mess of a custody case in Massachusetts (MA) that arose from a very reckless surrogacy situation. Apparently, a same-sex couple posted to social media asking for help having a baby. A friend then offered to conceive with her boyfriend (read: the baby would be biologically unrelated to the couple seeking help) and then give the baby to the couple. You might guess what happened next. The friend gave birth and then decided she wanted to keep the baby. The courts in MA decided that these events amounted to an informal surrogacy. The case has been ongoing since 2018. MA has no surrogacy statutes despite judges and advocates calling for enactment of surrogacy laws. The 2021 opinion from the MA Court of Appeals in this case actually begins with a plea to the legislature for guidance on surrogacy arrangements (surrogacy contracts). Continue reading →