What are the legal implications of surrogate parenting?

The legal implications of surrogate parenting vary by state, but in North Carolina, surrogacy is not explicitly regulated. This means that a surrogate parent and parents seeking a surrogate have to create a legal contract governing the arrangements for custody, support, and other details. In such agreements, the surrogate must agree to the transfer of custody of the child to the intended parents and to waive any parental rights once the child is born. In addition, the intended parents must be willing to accept legal responsibility for the child and assume all costs, including medical bills and legal fees, associated with the surrogate parenting agreement. The legal complications of surrogate parenting become more complex if the surrogate changes her mind and decides to keep the child. In this case, the intended parent can pursue a court order granting legal custody of the child. The intended parents will have to prove that the surrogate knowingly agreed to give up her rights as a parent in exchange for money or other compensation. Finally, a surrogate parent must meet certain eligibility criteria set forth by the state. In North Carolina, only those who are over the age of 21, a US citizen, and married for at least two years can serve as a surrogate parent. The surrogate must also be a non-smoker and pass a psychological evaluation. The intended parents must be willing to pay for medical considerations, such as an ultrasound and pre-natal testing, for the surrogate. In summary, surrogacy in North Carolina is not explicitly regulated, so those involved in surrogacy must create a legal contract to govern the arrangement. There are certain eligibility criteria that must be met in order for surrogacy to be legally binding. If the surrogate decides to keep the child, there are legal procedures in place the intended parents can pursue to gain legal custody.

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