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.
The certified Order should be presented to the hospital, who will fax it to Vital Records and then mail it to along with the birth record.
Fax: 919-733-1511
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).
Social security number
The social security number/card may be applied for at the hospital.
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