North Dakota Surrogacy Laws
Overview
North Dakota allows gestational surrogacy thanks to North Dakota Century Code, Chapter 14-28, which declares that a child born by a gestational carrier is the child of the Intended Parent(s). The state refers to what is commonly known as “gestational surrogacy” as a “gestational carrier agreement.” The law also defines a “gestational carrier arrangement” as one in which the wife’s eggs are fertilized by the husband’s sperm, which may restrict same-sex couples and, depending on interpretation, the use of donor gametes.
Traditional surrogacy contracts are prohibited by law. According to N.D. Cent. Code § 14-18-05, “Any agreement in which a woman agrees to become a surrogate or to relinquish that woman’s rights and duties as a parent of a child conceived through assisted conception is void.”
Types of Surrogacy Available in North Dakota
Can a parentage order be obtained for the following?
Although traditional surrogacy isn’t prohibited in North Dakota, most attorneys and agencies strongly advise against the practice given the increased emotional and legal risks involved. Moreover, traditional surrogacy contracts in North Dakota are void and unenforceable.
Parentage
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order.
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
If there isn’t a genetic link to a child, it’s more difficult to establish parentage via a court parentage order in North Dakota. If you are planning on using donor gametes, we recommend discussing your case with your attorney to discuss your best options.
How are Intended Parent(s) Listed on the Birth Certificate?
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
Rights of Egg or Sperm Donor(s)
According to N.D. Cent. Code §14-20-60, donors of sperm or egg for assisted reproduction procedures have no rights over the donated gametes or a resulting child.
Surrogacy Steps in North Dakota
Surrogacy Process in North Dakota
Birth Certificate Timeline
Legal and medical steps involved in the gestational carrier process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Court Processes
Surrogacy Contracts
Gestational carrier contracts are permitted by North Dakota statutes. Traditional surrogacy contracts, on the other hand, are void and unenforceable.
Independent Counsel
Independent counsel is recommended, but not required, for all parties involved in a gestational carrier agreement.
Requirements for Surrogates and Intended Parent(s)
Birth Orders
Bases of Venue
International Issues
International Intended Parent(s) may find using a gestational carrier in North Dakota a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Residency Requirements
Birth Certificates
Passport Timeline
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Consulting Attorneys
William Harrie
Nilles Lawyers
201 5th St N
Fargo, ND
(701) 237-5544
wharrie@nilleslaw.com
www.nilleslaw.com
Michael Gjesdahl
Gjesdahl Law
1375 21st Avenue
North Fargo, ND 58102
(701) 237-3009
mike@gjesdahllaw.com
gjesdahllaw.com
Lynn Slaathaug Moen
Brudvik Law Office, P.C.
231 9th Ave SE Mayville, ND 58257
(701) 788-3251
lynn@brudviklaw.com
www.brudviklaw.com
Legal Disclaimer
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019
