North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S885

Introduced

5/2/24

Refer

5/6/24

Caption

Parentage Protection for Families

Impact

The bill is expected to significantly impact state laws regarding surrogacy and parentage. It codifies the legal framework for determining parentage in cases of assisted reproduction, making it clear that intended parents have exclusive rights upon the birth of a child conceived under a valid surrogacy agreement. Additionally, it establishes processes for validating such agreements and what recourse is available in the case of a breach by a surrogate or intended parent. This aligns North Carolina's laws with evolving practices in family formation through technology and surrogacy.

Summary

Senate Bill 885, referred to as the Parentage Protection for Families Act, aims to establish clear parameters for assisted reproduction and surrogacy agreements in North Carolina. The legislation amends Chapter 49A of the General Statutes, introducing new articles that define terms, clarify rights and responsibilities of intended parents, and outline the processes for genetic and gestational surrogacy. This act intends to ensure that the rights of parties involved in such agreements are recognized and enforced beyond the birth of the child, including provisions about legal parentage and obligations for financial support.

Sentiment

The sentiment surrounding SB 885 is largely supportive among proponents of assisted reproductive technology, who argue that the bill promotes family building and provides necessary legal clarity. However, some concerns have been raised about the potential for exploitation of surrogates and the need for strict regulations to ensure their rights are protected. This aspect of the bill is a point of contention, as discussions about the ethical implications of surrogacy often draw strong opinions from both advocates and critics.

Contention

Notable points of contention include the legal requirements for surrogacy agreements, particularly around the need for independent legal representation for surrogates and intended parents. Critics argue that this provision might impose additional financial burdens on families seeking to use surrogacy. Furthermore, the bill does not allow specific performance as a remedy for breaches of certain provisions, which has raised alarms among some lawmakers regarding its implications for enforcing the contracts smoothly. The discussions in legislative sessions reflect a broader debate over balancing the rights of surrogates with the interests of intended parents.

Latest S885 Activity

Companion Bills

No companion bills found.

Similar Bills

MN HF4564

Assisted reproduction rights and responsibilities updated, gestational surrogacy agreement requirements created, genetic surrogacy agreement requirements created, and genetic donation recordkeeping and information sharing provided.

MI HB5207

Family law: other; surrogate parenting act; repeal, and establish the assisted reproduction and surrogacy parentage act. Creates new act & repeals 1988 PA 199 (MCL 722.851 - 722.863). TIE BAR WITH: HB 5208'23, HB 5209'23, HB 5210'23, HB 5211'23, HB 5212'23, HB 5213'23, HB 5214'23, HB 5215'23

MN HF3567

Assisted reproduction rights and responsibilities updated, surrogacy agreement requirements created, and recordkeeping and information sharing provided for genetic donation.

PA HB350

In proceedings prior to petition to adopt, further providing for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing for paternity and for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; and providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.

HI HB1193

Relating To Parentage.

HI SB1231

Relating To Parentage.

PA HB350

In intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.

PA HB1961

Adding provisions relating to establishment of parent-child relationship for certain individuals; providing for voluntary acknowledgment of parentage, for registry of paternity, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.