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Part 3: Family Law and Adoption

Many LGBTQIA+ couples and individuals choose to grow their families through adoption. LGBTQIA+ couples are more than six times more likely to adopt than straight couples and represent an important placement resource in the foster care and adoption communities. The biases and discrimination that permeate other areas of family law and of life in general can also impact fostering and adoption, but fortunately LGBTQIA+ adoption is legal in North Carolina, and an attorney experienced in family law can help you get past the hurdles and protect yourself from discrimination. Continue reading →

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Part 2: Trans Parent Custody

This is PRIDE month, and we are looking at family law issues that are specific to the LGBTQIA+ community. In Part 1, we discussed the difficulties LGBTQIA+ parents face in custody cases. Those issues can be daunting enough, but for transgender parents custody cases can be even more complicated. Continue reading →

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Part 1: Custody Battles for LGBTQIA+ Parents

Every parent involved in a custody battle harbors at least some fear that they may lose custody of their child, no matter how unlikely it is. This fear is even greater for LGBTQIA+ parents, and understandably so. While acceptance for LGBTQIA+ individuals may be increasing, particularly since Obergefell v. Hodges, stigmas against LGBTQIA+ people can still influence custody decisions in North Carolina. If you are an LGBTQIA+ parent facing a custody hearing, it is important to engage an experienced family law attorney to help prevent those stigmas from keeping you away from your child. Continue reading →

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June is Men’s Health Month, and after a messy separation you may imagine that health is not a priority. To help raise awareness of the topic, here are a few tips to get the mind and body back on the right track. After all, it can take a lot of energy to withstand the ups and downs of a contentious divorce case. Continue reading →

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A couple in India, Sanjeev Ranjan Prasad and his wife Sadhana Prasad, are retired and longing for a grandchild.  The couple have one son, who received pilot training in the United States and is currently a pilot. Approximately six years ago, Sanjeev and Sadhana arranged for their son to marry their now daughter-in-law. According to Sanjeev and Sadhana, more than enough time has passed for the couple to settle into married life and begin having children.

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Surrogacy and in-vitro fertilization are generally not possible without gamete donors. However, like surrogacy contracts, gamete donation isn’t addressed by North Carolina statutes or cases. Both donors and intended parents need to protect themselves under North Carolina’s contract laws by making sure they have a strong contract addressing their interests. As with surrogacy, a contract needs to be reviewed by independent legal counsel for each party prior to signing and then signed before any gametes are fertilized. Continue reading →

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We’ve written before on the importance of establishing some new routines and traditions after (or during) a tough separation and divorce. Sometimes if you focus on the simple things it can make the difficult and complicated seem easier to deal with, especially in a contentious custody case. The courts believe that they ought to do what is in the best interests of the kids, and so should you. This May, treat yourself and your kids to some soul-nourishing pizza. You can eat veggies some other day. Continue reading →

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As we discussed in Part 2 of our series, North Carolina doesn’t have statutes or case law protecting surrogates and intended parents, so the best way to protect yourself, no matter your role in the process, is to have an ironclad surrogacy contract. A surrogacy contract should be reviewed by independent legal counsel for both parties and signed prior to any medical procedures. No matter how sure the parties may feel at the time, the contract should be carefully considered by the parties and reviewed by attorneys. Continue reading →

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In Part 1, we talked about the confusing hodgepodge that is international and US surrogacy law. In considering surrogacy, you may be hoping to keep things close to home to keep travel costs down and stay close to everyone involved and wondering what the law is here in North Carolina. While North Carolina doesn’t have any specific law regarding surrogacy, most judges in the state will grant intended parents pre-birth orders protecting their status as parents, and North Carolina is considered a surrogacy-friendly state. Continue reading →

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Thousands of families around the world have successfully grown with the help of a surrogate mother, and you may have decided that surrogacy is the best option for your family. But before you decide, be sure you’ve done your homework. The legality of surrogacy changes depending on where you are, even within the United States. No one wants to get to the birth of their child and find that they aren’t the child’s legal parents based on local laws. If you are using international surrogacy, your child may even end up with no legal parents or citizenship due to differing laws about who is a legal parent at birth. Continue reading →