Going for Gestational Surrogacy in North Dakota

It is permitted to go with Gestational Surrogacy in North Dakota as per the statute N.D. Cent. Code §§14-18, which clearly and explicitly states that a child given birth by a gestational carrier is deemed to be the child of the intended parents.

Note: There is a statutory ban on abortion based on sex selection and genetic defect in the state as indicated by Section 14-02.1-02 of the North Dakota Century Code.

Pre-natal Parenthood Orders

Do courts provide for pre-natal parenthood orders? 
Yes

Is there any provision for Aspiring Parents to be considered as the legal parents in a pre-natal order if one of the parents has a genetic connection with the child?

Heterosexual or straight married couple with own sperm and egg: Yes

Heterosexual or straight married couple going with egg or sperm donation: Yes

Heterosexual or straight unmarried couple with own sperm and egg: Yes

Heterosexual or straight unmarried couple going with egg or sperm donation: Yes

Same-sex or homosexual couple going with egg or sperm donation: Yes

Single parent using own egg or sperm: Aspiring Mother, yes. Aspiring Father, possibly. 

Is there any provision for declaring both the intended parents as legitimate parents through an order for pre-natal parenthood, if no parent has a genetic relationship with the child?

    • Married heterosexual or straight couple:  Not clear
    • Unmarried heterosexual or straight couple: Not clear
    • Homosexual or same-sex couple: Not clear
    • Single parent: Not clear

Is there a need for hearing to obtain a court order for parentage?

Not generally

Do results change as per county?

Yes

Does North Dakota Vital Records recognize a pre-natal order from another state?

Yes

Same-sex or Homosexual Couple

How homosexual parents’ names are mentioned on the certificate of birth?

They are listed as the parents.

Can an initial certificate of birth be provided to homosexual couple from another country, on mentioning the name of the gestational carrier and biological father? 

Yes, but it involves risk. It is always a safer practice to name the aspiring parents on the certificate of the birthright from the beginning.

Can the initial birth certificate be acquired subsequently by a same-sex or homosexual couple from another country, if they only mention the name of the genetically related father and not the name of the gestational carrier?

Same as above

Adoptions of Second/companion Parent & Stepparent by the Residents of North Dakota

Note: This situation arises if the birth of the child takes place outside North Dakota. The parents then come back to North Dakota to seek and acquire adoption order for second/companion parent or stepparent.

Does the jurisdiction in North Dakota allow the adoption of second/additional parent or stepparent to straight couples residing in the state?

Yes

Is there a requirement for the couple to be married?

No

Do North Dakota’s courts allow the adoption of second/additional parent or stepparent to homosexual couples residing in the state?

Yes, for the adoption of second/companion parent. But it requires a home study. It is still doubtful in the case of the adoption of stepparents as North Dakota still does not consider homosexual marriages or civil unions by statute. However, it seems that marriages are provided for by the federal court.

Is there a requirement for the couple to be married?

No

Sperm and Egg Donation

Is there a published case or legal act that addresses the donor’s right concerning the resulting sperm, eggs, embryo or child? Yes, North Dakota’s legal act clearly offers the statutory verdict N.D. Cent. Code §14-20-60 that states, “A donor should not be considered as the parent of a child in case of assisted reproduction.”

Conventional Surrogacy in North Dakota

There is no provision for traditional or conventional surrogacy in North Dakota. Traditional Surrogacy agreements are considered unenforceable and void by N.D. Cent. Code §14-18-05.

Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.