North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

“Be My Baby”: A Surrogacy Law Proposal for North Carolina

January 13, 2020

98 N.C. L. REV. 165 (2019)

 

Surrogacy has become a popular alternative for couples who are unable to carry their own children. As artificial reproductive techniques advance, so too must the law. States have codified surrogacy arrangements in a variety of ways, including intent-based and best interests tests. However, North Carolina remains one of several states that has not provided any guidance, either by statute or case law, for its citizens considering a surrogacy arrangement. North Carolina can and should pass a surrogacy law because it would give peace of mind to intended parents to help ensure their surrogate children are legally their own. North Carolina family law provides a landscape conducive to develop surrogacy jurisprudence. The state already uses intent-based and best interests tests to determine the custody of children. Therefore, this Comment argues that North Carolina should develop a surrogacy statute to determine the legal parentage of a child based on its own pre-existing custody law, using both intent of the parents and best interests of the child as guides. By adopting a surrogacy statute, the state can provide much-needed reassurance to people considering surrogacy without disrupting the current family law framework. In doing so, North Carolina will update its laws to better reflect its citizens’ needs and bring it in line with modern reproductive practices.

 

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