Surrogacy issues in adoption can be quite complicated, necessitating professional legal expertise. The issues are further complicated by the fact that North Carolina does not have any definitive law that directly addresses surrogacy, though clear cut adoption laws are in place. Legal advice in surrogacy issues for adoption is necessary to protect the rights of adoptive parents as well as to ensure that inadvertently, no legal requirements are being violated.
Surrogacy and Adoption
Many couples look at surrogacy as an option for adoption when they cannot or do not want to conceive naturally. Homosexual couples may choose surrogacy so that the child has a biological connection with at least one of the parents.
Surrogacy occurs when a woman, not pregnant, agrees to carry the child for a couple and hand over the child post delivery for adoption. Surrogacy differs from traditional adoption because in the latter the birth mother is already pregnant when the adoptive parents establish contact with her. Thus surrogacy may be considered a ‘pre-adoption’ step as it were, where the prospective adoptive parents play a role in the birth of the child they intend to adopt.
Legal Surrogacy Issues that Need to be Addressed
The surrogacy agreement has to be drafted in writing to protect the rights of the adoptive parents in the event of the surrogate changing her mind to give up the baby or other such eventualities.
North Carolina common law recognizes that husband of a married woman is the father of the child she delivers. This would make the husband of a married surrogate the legal father of the child and the adoption by the adoptive parents would be considered a third party adoption case.
In traditional surrogacy, where the adoptive father is the sperm donor, it is possible to establish paternity and treat the adoption as a step-parent adoption case.
Also the laws are strict as to the kind of expenses that the adoptive parents can undertake in the course of surrogacy and adoption.
Surrogacy issues in adoption are complex. We at McIlveen Family Law Firm have considerable experience in dealing with surrogacy issues. We will work with you right from the initiation of the surrogacy process, ensuring that all your legal rights are protected and all legal formalities are fulfilled you get the final decree of adoption.