Gestational Surrogacy is permitted by statute N.D. Cent. Code §§14-18, which states that a child born to a gestational carrier is the child of the intended parents.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in North Dakota, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in North Dakota.
Yes. Gestational Surrogacy is permitted by statute N.D. Cent. Code §§14-18, which states that a child born to a gestational carrier is the child of the intended parents for all purposes.
No. Traditional Surrogacy is not permitted in North Dakota. Traditional Surrogacy contracts have been declared void and unenforceable by N.D. Cent. Code §14-18-05.
Yes. North Dakota surrogacy laws do not prohibit or regulate the base compensation a gestational carrier can receive; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
There are no state regulations that address the process of creating surrogacy agreements in North Dakota; however, intended parents and surrogates must work with separate surrogacy attorneys throughout the execution of the contract to ensure both parties’ interests and rights are protected. These attorneys will negotiate a contract that addresses at least the following:
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
Pre-birth orders are granted to unmarried or married couples if at least one partner has a genetic connection to the child born via surrogacy. Single intended parents with a genetic link to their child can also be issued a pre-birth order.
There is no legal standard for intended parents with no genetic connection to their child born via surrogacy so, in these cases, it is important to work with an experienced surrogate attorney to guide you through your journey.
Below is a list of some of the most frequently asked questions about surrogacy in North Dakota:
A: Yes. Gestational surrogate contracts are enforceable because they are permitted by North Dakota surrogacy laws. Traditional surrogacy contracts; however, are void and unenforceable.
A: No. There are no particular laws for parents outside the United States who complete a surrogacy in North Dakota. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
A: This situation typically arises if the child is born outside of the state. The parents then return to North Dakota to obtain a second parent adoption or stepparent adoption. In addition, intended parents with no genetic connection to their child may need to complete an adoption after birth.
A: Yes. North Dakota allows second-parent adoptions for unmarried couples. Stepparent adoptions are typically reserved for married couples where one partner is biologically related to the child, and the other partner adopts the child after birth.
A: Yes. There are no statutes or published case law prohibiting same-sex surrogacy. Same-sex couples and LGBT+ intended parents will experience generally the same surrogacy process as heterosexual couples, with the exception of likely requiring an egg or sperm donor to complete the IVF procedure.
A: No. There are no additional laws impacting same-sex parents in this state.
Michael L. Gjesdahl
Fargo, ND
Mike@gjesdahllaw.com
(701) 237-3009
https://gjesdahllaw.com/
William P. Harrie
Fargo, ND
wharrie@nilleslaw.com
(701) 237-5544
https://nilleslaw.com/attorney/william-p-harrie
Lynn Slaathaug
Grand Forks, ND
lynn@nilsonbrandlaw.com
(701) 786-6040
https://nilsonbrandlaw.com/
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