FAQ

What is Gestational Surrogacy?

Gestational surrogacy is when a woman carries an embryo that is not genetically related to her on behalf of another individual or couple, who intend to be the resulting child’s parent(s).

What is Traditional Surrogacy?

Traditional surrogacy is when a woman carries an embryo created from her own egg and the sperm of a donor or an intended father, on behalf of another individual or couple, who intend to be the resulting child’s parent(s). Traditional surrogacy carries significant psychological and legal risks, and is not supported by North Carolina law. As such, our firm does not assist clients who are engaing in traditional surrogacy.

Is surrogacy legal in all states?

No, surrogacy is prohibited or strictly regulated in some states. Other states have laws that prohibit paid surrogacy and/or make it more difficult or impossible for same sex couples to utilize surrogates. It is critically informatio

What are the basic requirements to be a surrogate?

Many clients have asked what they should look for when choosing a surrogate. Ultimately, the best answer is that they should work with someone that “feels right,” and most intended parents know that feeling when it comes. However, all surrogates must meet certain eligibility criteria, including the requirement that they have previously given birth to at least one child. For additional guidance on the requirements to be a surrogate, click here for resources to get you started.

What goes into a gestational surrogacy contract?

The contract covers all aspects of the gestational surrogacy journey, and sets out the rights and obligations of each party before, during, and after the pregnancy. Well-drafted surrogacy contracts are usually over 40 pages long and contain detailed provisions about all aspects of the journey, including medical decision-making, conduct during and after the pregnancy, and financial arrangements between the parties. The contract serves as a blue-print for the journey ahead, making ongoing conversations less awkward and setting framework and guidelines for what everyone can expect throughout the relationship and long into the future.

What is the overall timeline for a surrogacy journey?

Most surrogacy journeys last approzimately 15-24 months from beginning to end. There are three segments of time when embarking on a surrogacy journey. Stage One is day one to surrogate match, Stage Two is surrogate match to transfer, and Stage Three is transfer to birth. Click here for a checklist to help you on your journey.

Is a birth certificate enough to establish legal parentage?

Not always. In some situations, being listed on a birth certificate may not provide the strongest legal protection. Additional legal steps, such as a parentage order or confirmatory adoption, may be recommended depending on your family's circumstances. This is particularly true for same sex couples, as North Carolina law does not provide permanent and portable parentage for a non-biological parent in a same sex couple.

When should I talk with a family formation lawyer?

Ideally, before conception or embryo transfer. Planning early helps align your legal and medical journey and can help avoid complications later. In all circumstances, it is critical to speak with an attorney before a pregnancy is achieved.

How do I know if my family needs a family formation lawyer?

Legal parentage planning is particularly important for families created through assisted reproduction, surrogacy, donor conception, same-sex relationships, unmarried couples, and single parents by choice. Much of North Carolina's parentage law was enacted long before many of today's advances in reproductive medicine were possible and was drafted with a single family model in mind: married, heterosexual parents raising their genetic children.
Because every family's circumstances are unique, it is important to understand which legal protections apply to your situation and where your parental rights may be uncertain or vulnerable to challenge. Thoughtful legal planning can help provide greater security for your family and minimize the risk of future complications.

I trust my donor. Do I really need a donor agreement?

If you're using a known sperm, egg, or embryo donor, a written agreement will likely be required by your clinic. Even if you know and trust your donor, a donor agreement helps clarify expectations, document everyone's intentions, and protect all parties before treatment begins.

What does a donor agreement typically cover?

Donor agreements commonly address parental rights, future contact, confidentiality, compensation (when applicable), and the handling o frozenf embryos or genetic material. The exact terms depend on your family's unique situation.

Should we sign the agreement before fertility treatment?

Yes. Donor agreements should be completed before any insemination, embryo creation, or embryo transfer. Establishing expectations early helps reduce uncertainty later.

If we're both on the birth certificate, do we still need a confirmatory adoption?

For same sex female couples, in most cases, yes. A birth certificate and an adoption decree serve different legal purposes, and a confirmatory adoption may provide stronger protection for the parental rights of the non-genetic parent.

Do married same-sex couples automatically have equal parental rights?

Not always. While marriage provides important legal protections, additional legal steps may still be recommended depending on how your child was conceived and your family's specific circumstances. Much of North Carolina's parentage law was drafted with only one family model in mind—married, heterosexual parents raising their genetic children. As a result, the law contains significant gaps when applied to LGBTQ+ families formed through assisted reproduction, and marriage alone may not fully protect both parents' legal rights.
The appropriate legal protections depend on your family's unique circumstances, so it is important to understand where your rights are secure and where additional planning may be advisable.

When should we meet with a family formation attorney?

The earlier, the better. Meeting with an attorney before conception or embryo transfer allows you to make informed decisions and helps ensure your legal protections are in place from the beginning.

Do I need an estate plan if I'm young or don't have children?

Yes. Estate planning isn't just about distributing assets. It also allows you to choose who can make financial and healthcare decisions if you're unable to do so and ensures your wishes are clearly documented.

How often should I update my estate plan?

It's a good idea to review your estate plan after major life events such as marriage, divorce, the birth or adoption of a child, moving to a new state, significant financial changes, or the death of a loved one.

Is a will enough, or do I need a trust?

That depends on your goals and circumstances. While many families only need a will, others may benefit from a trust for additional privacy, probate planning, or long-term asset management. We can help determine which option is right for you.