Retitles GS Chapter 49A to Assisted Reproduction and Surrogacy Agreements (currently titled Rights of Children). Adds new Article to GS Chapter 49A, Assisted Reproduction, providing as follows. Specifies that the article does not does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under GS Chapter 49A, Article 3. Defines eight terms, including assisted reproduction (a method of causing pregnancy other than sexual intercourse, including intrauterine or intracervical insemination, donation of gametes or embryos, in-vitro fertilization and transfer of embryos, and intracytoplasmic sperm injection). Specifies that a donor is not a parent of a child conceived by assisted production and that an individual who consents under the article to assisted reproduction by a woman with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child. Directs that the consent must be in a record signed by the woman giving birth to a child conceived by assisted reproduction and an individual who intends to be the parent of the child. Allows a court to find that a person consented to parentage in the absence of such signed consent if either: (1) the woman or the individual proves by clear and convincing evidence the existence of an express agreement entered into before conception that the individual and the woman intended they both would be parents of the child or (2) the woman and the individual for the first two years of the child's life, including any period of temporary absence, resided together in the same household with the child and both openly held out the child as the individual's child, unless the individual dies or becomes incapacitated before the child attains two years of age or the child dies before the child attains two years of age, in which case the court may find consent to parentage if a party proves by clear and convincing evidence that the woman and the individual intended to reside together in the same household with the child and both intended the individual would openly hold out the child as the individual's child, but the individual was prevented from carrying out that intent by death or incapacity. 

Limits a spouse’s ability to challenge their parentage of a child by assisted reproduction of a child born of the marriage unless both of the following are satisfied: (1) not later than two years after the birth of the child, the individual commences a proceeding to adjudicate the individual's parentage of the child and(2) the court finds the individual did not consent to the assisted reproduction, before, on, or after the birth of the child, or withdrew consent under Article 49A. Sets forth three circumstances that would warrant initiating a parentage proceeding of a child born of the marriage by assisted reproduction and involving the spouse’s parentage at any time. Applies to a spouse's dispute of parentage even if the spouse's marriage invalid after assisted reproduction occurs.

Provides that if the marriage ends or the couple legally separates before the transfer of gametes or embryos to the woman, then the former spouse is not the parent of the child, unless the former spouse consent to parentage if the assisted reproduction were to occur after separation or the end of the marriage, and the spouse did not withdraw consent.  

Allows for a person to withdraw consent any time before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the woman who agreed to give birth to a child conceived by assisted reproduction and to any clinic or healthcare provider facilitating the assisted reproduction. Failure to give notice to the clinic or healthcare provider does not affect a determination of parentage under the act. Specifies that an individual who withdraws consent is not the parent of the child. Allows for a person who dies during the period between the transfer of a gamete or embryo and the birth of the child to be considered the child’s parent if both are satisfied: (1) the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child or the individual's intent to be a parent of a child conceived by assisted reproduction after the individual's death is established by clear and convincing evidence and (2) the embryo is in utero not later than 36 months after the individual's death or the child is born not later than 45 months after the individual's death.

Adds new Article 3, Surrogacy Agreement Act to GS Chapter 49A. Defines three terms, including surrogacy agreement (an agreement between one or more intended parents and a woman who is not an intended parent in which the woman agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, the term refers to both a gestational surrogacy agreement and a genetic surrogacy agreement).  

Adds new GS 49A-22, pertaining to eligibility to enter gestational or genetic surrogacy agreements. Lists five requirements for a woman to act as a gestational or genetic surrogate, including that she be at least 21 years of age and that she have independent legal counsel of her choice. Lists four requirements for each intended parent to complete a surrogacy agreement, whether or not genetically related to the child, including that they are 21 years of age and have independent legal representation of their choice. Provides for a process with nine required components for gestational or genetic surrogacy agreements. Lists eight required components of any gestational or genetic surrogacy agreements, including permitting the surrogate to make all health and welfare decisions regarding herself and her pregnancy.  Allows for a surrogacy agreement may provide for (i) payment of consideration and reasonable expenses and (ii) reimbursement of expenses if the agreement is terminated.  Specifies that a right created under a surrogacy agreement is not assignable and there is no third-party beneficiary of the agreement other than the child.

Directs in new GS 49A-25, that, unless a surrogacy agreement expressly provides otherwise (i) the marriage of a surrogate or intended parent after the agreement is signed by all parties does not affect the validity of the agreement, the spouse's consent to the agreement is not required, and the spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement and (ii) the divorce or annulment, legal separation, or declaration that the marriage of the surrogate/intended parent is void after the agreement signed by all parties does not affect the validity of the agreement.

Provides for jurisdiction and records protections for court proceedings related to a surrogacy agreement in GS 49A-26.  

Allows a party to a gestational surrogacy agreement to terminate the agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer. Provides for the effect of termination, and a bar on liquidated damages except in cases involving fraud. 

Provides for rules of parentage under a gestational surrogacy agreement in GS 49A-28. Specifies that each intended parent is the parent of a child born to a gestational surrogate under a gestational surrogacy agreement. Further specifies that this applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. 

Directs that for those instances where due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage. Requires genetic testing if the child is alleged to be the genetic child of the surrogate and a determination of parentage if the child is genetically hers.  Directs that otherwise, neither the surrogate or her current or former spouse is the parent of the child.  

Directs in GS 49A-29 that an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless (i) the agreement provides otherwise and (ii) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or the birth of the child occurs not later than 45 months after the death of the intended parent.

Provides for a gestational surrogacy agreement order of parentage in GS 49A-30.  

Specifies that a gestational surrogacy agreement that complies with GS Chapter 49A, new Article 3 is enforceable and lists out effects of such agreement in GS 49A-31, including (1) requiring a court to determine the rights and duties of the parties to an agreement that does not comply with Article 3 that is consistent with the intent of the parties at the time of execution of the agreement, with rules of standing for such an action, (2) providing for remedies in law or in equity for breach of a gestational surrogacy agreement that complies with GS 49A, new Article 3, (3) detailing when specific performance is available. Lists three requirements in GS 49A-32 to validate a genetic surrogacy agreement, including that it generally be validated by a legal proceeding. 

Provides for a process for termination by notice of a genetic surrogacy agreement in GS 49A-33, including by a genetic surrogate within 72 hours after the birth of child conceived by assisted reproduction. 

Provides for rules of parentage for genetic surrogacy, including that unless the genetic surrogate terminates the agreement, each intended parent is a parent of the child conceived. Provides for requirements of court order of parentage. Directs that if the genetic surrogate terminates the agreement, parentage must determined. Provides for genetic testing by court order if the child is alleged to not have been conceived by assisted reproduction. Provides that unless a genetic surrogate exercises the right under to terminate the genetic surrogacy agreement, if an intended parent fails to file notice of termination of the genetic surrogacy agreement required, the genetic surrogate or the appropriate State agency may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the genetic surrogate. Unless the genetic surrogate has properly exercised the right to withdraw consent to the agreement, on proof of a court order issued validating the agreement, the court must order that each intended parent is a parent of the child. Provides for the effect of a non-validated genetic surrogacy agreement under GS 49A-35, including allowing a court to validate such agreements after assisted reproduction has occurred but before the birth of the child conceived, so long as all parties agree. Provides rules for breach of a genetic surrogacy agreement. 

Effective July 1, 2024, appropriates $10,000 from the General Fund to the Department of Health and Human Services for the 2024-2025 fiscal year to fund education and training related to the provisions of the act. 

Contains severability clause. 

Otherwise effective October 1, 2024, and applies to assisted reproduction and surrogacy agreements arising on or after that date.