Surrogacy Laws in North Dakota

Fast Facts

• Is North Dakota a surrogate friendly state: Yes, ND Century Code § 14-18-08 provides: Gestational carrier agreements. A child born to a gestational carrier is a child of the intended parents for all purposes and is not a child of the gestational carrier and the gestational carrier’s husband, if any. However, surrogacy agreements are void. ND Century Code § 14-18-05 provides, in relevant part: Surrogate agreements. Any agreement in which a woman agrees to become a surrogate or to relinquish that woman’s rights and duties as parent of a child conceived through assisted conception is void.
• Can Parent(s) obtain a birth order without an adoption: Yes – we get pre birth orders.
• Does there need to be a genetic connection between Parent(s) and Child: Maybe
  North Dakota Century Code § 14-18-01.2. provides: “Gestational carrier” means an adult woman who enters into an agreement to have an embryo implanted in her and bear the resulting child for intended parents, where the embryo is conceived by using the egg and sperm of the intended parents. This could be tightly construed to mean genetic relation to intended parents. However, it has not been enforced that way. I had one case a few years ago where I debriefed the issue for a judge. We argued that because the embryos belonged to intended parents they were theirs and it satisfied the statute. The judge agreed. Notably, this would also been discriminatory against same-sex couples but, in my experience, it has not been enforced in such a way. Same sex couples are able to get pre birth orders allowing them to both be named on the child’s birth certificate.

Summary of ND Surrogacy Law

North Dakota law is favorable to gestational carrier agreements. North Dakota courts allow pre birth orders for GCAs. However, surrogacy agreements are void.

Attorneys specializing in surrogacy law in North Dakota

Lynn Slaathaug Moen, Esq.
Nilson Brand Law
nilsonbrandlaw.com
(701) 786-6040
4950 13th Ave. S. Suite 20
Fargo, ND 58103
lynn@nilsonbrandlaw.com