North Carolina

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes; however, Order will likely need to be domesticated via local counsel.


Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC; however, GC's name should be replaced by second Intended Parent's name (i.e. unsure if state will issued a birth certificate without a second parent).


statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.
 

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC's residence.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  Yes.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations or electronic signatures and electronic notarizations are accepted.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Unknown.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  Unknown.


Of Counsel

Sharon Thompson

Nicholson Pham

113 Broadway Street

Durham, NC 27701

(919) 688-9646

sharon@nicholsonpham.com

http://nicholsonpham.com/