Pre-Birth Orders

In North Carolina, when a woman gives birth to a child she is presumed to be the child’s legal mother and, if married, her husband is presumed to be the father. As such, their names would be listed on the child’s birth certificate. However, intended parents in a surrogacy agreement can petition the court to order that they, and not the surrogate and her husband, be listed on the child’s birth certificate as the child’s legal mother and father. Depending on the county, this procedure may require a short hearing which allows the Judge to confirm and verify the consent and intent of the parties. If a pre-birth order is not obtained, then an intended parent that is genetically linked to the child may need to proceed with adoption after the birth of the child. Ask your attorney at A.R.T. at Sodoma Law about your options.

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