For many North Carolina families, the path to parenthood leads across borders. While the prospect of international surrogacy is filled with hope, it also brings a unique set of legal and procedural complexities.
Your path to parenthood shouldn’t be navigated alone. Whether you are an intended parent exploring options abroad or a surrogate in a cross-border arrangement, we provide expert legal guidance tailored to your journey.
As the nation’s most experienced law firm dedicated exclusively to family-building, Foster + Bloom turns complex international journeys into clear, secure paths forward.
Why International Surrogacy Requires Expert Legal Guidance
International surrogacy involves an arrangement where the intended parents live in one country, such as the United States, and the surrogate resides in another.
As this process spans different legal jurisdictions, it is governed by a patchwork of local laws, international treaties, and U.S. federal regulations. Families must navigate not only the laws of the birth country but also U.S. immigration requirements and North Carolina’s specific parentage procedures.
Working with dedicated international surrogacy attorneys is essential to ensure that:
- The legal contracts are enforceable and ethical.
- Parental rights are clearly established and recognized in both countries.
- The child can legally enter the United States with proper citizenship and travel documentation.
- The surrogate’s rights and health are protected throughout the process.
Is International Surrogacy Legal in North Carolina?
Currently, North Carolina has no specific statute that expressly authorizes or prohibits gestational surrogacy. While the courts in our state are generally supportive, contracts are not explicitly declared enforceable by law.
Instead, parentage is typically established through post-birth orders or adoption proceedings. For those pursuing international paths, the question is how North Carolina will recognize an arrangement that took place abroad.
We help families by asking local courts to recognize and implement the parentage orders issued by jurisdictions in other countries. Since North Carolina relies on judicial precedent, having a local lawyer is vital to your security.
Legal Risks and Complexities in International Surrogacy
While most journeys end in celebration, the risks of navigating this path without specialized counsel are noteworthy. As global laws shift, some countries have tightened restrictions on foreign intended parents.
Key risks include:
- Statelessness: If the birth country does not grant citizenship and the intended parents’ country has not yet confirmed it, a child can become stateless. Specialized advocacy is required to protect the child’s status.
- Blocked Exit: Lacking a correctly prepared inbound surrogacy birth certificate apostille or proper travel documents can prevent parents from leaving the birth country with their newborn.
- Non-Recognition of Parentage: Some jurisdictions might only recognize the biological father. This leaves the other parent without legal status until they complete a formal process in North Carolina.
What Surrogates Need to Know About Cross-Border Surrogacy in North Carolina
At Foster + Bloom, we also advocate for surrogates, whether they are based in the U.S. or residing abroad. We ensure your wishes are honored and your rights are protected throughout the process.
Legal standards vary significantly from one nation to another regarding the rights of the woman carrying the child. It is important that any surrogate involved in an international arrangement has independent legal representation.
This ensures informed consent regarding the contract, ethical and transparent financial compensation, and guaranteed medical care. We also work to ensure you have a clear legal exit from responsibility after the birth.
How Foster + Bloom Supports International Surrogacy Clients
We are the only law firm focused exclusively on family formation. Our approach to international surrogacy legal services is built on proactive planning and expertise with heart.
We act as your guide through the emotional and legal maze of building a family across borders. Our support includes vetting partners, reviewing contracts, and coordinating immigration.
We also handle local finalization by obtaining the parentage order or adoption needed to secure your rights under North Carolina law.
The International Surrogacy Process: 7 Steps
Every family’s story is different, but most international journeys follow a similar legal timeline. Foster + Bloom provides support at each milestone:
- Step 1: Initial Consultation: We discuss your family-building goals and identify the international jurisdictions that best align with your unique needs.
- Step 2: Matching: We collaborate with your chosen agency to ensure the legal framework in the surrogate’s country aligns with U.S. requirements.
- Step 3: Contracting: We review cross-border agreements in detail to ensure they satisfy the legal requirements for recognition within the United States.
- Step 4: Pre-Birth Planning: We prepare for the birth, coordinating with the U.S. Embassy or Consulate in the birth country.
- Step 5: Post-Birth Legalities: We manage the process of obtaining the birth certificate and securing the necessary legal authentications for the document.
- Step 6: Travel Documents: We provide guidance for securing a Consular Report of Birth Abroad and any necessary documentation required for your newborn to travel home safely.
- Step 7: Finalization: Once home, we complete the parentage process to ensure your family is fully protected under local law.
Establishing U.S. Citizenship and Legal Parentage in North Carolina
Ensuring your child is recognized as a U.S. citizen from birth is our primary objective. This process involves filing a Consular Report of Birth Abroad (CRBA) at the nearest U.S. Embassy or Consulate.
Federal law sets strict biological and residency standards, especially for a single parent surrogacy citizenship transmission. We guide you through documenting your physical presence in the U.S. and coordinating required DNA testing.
Once citizenship is confirmed, we turn our focus to legal recognition in North Carolina. This often requires domesticating your foreign order or completing a confirmatory legal process to provide an unbreakable foundation of security.
Schedule a Consultation Today
Navigating international surrogacy should be a time of hope, not legal uncertainty. Our attorneys provide the steady guidance intended parents and surrogates need to move forward with confidence.
We address the regulatory details so you can stay present for your family’s journey. We believe that every family deserves a foundation built on clarity and protection.
Our team is here to help you secure your future and simplify the path to bringing your child home.