Gestational Surrogacy Regulations in North Dakota

Overview

Gestational Surrogacy is expressly permitted by N.D. Cent. Code 14-18-08, which states
clearly that a child born to a gestational carrier is the child of the intended parents for all
purposes.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of North Carolina, there is basis for venue in North Carolina. There is also basis for venue if the child is born in North Carolina * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in North Dakota:
Yes
Birth outside of North Dakota:
Yes

Pre-Birth Orders can readily be obtained by most Intended Parents in most circumstances if at
least one of the Intended Parents is genetically related to the child. If neither Intended parent
is genetically related to the child, it is possible but unclear whether a pre-birth order will be
granted.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will North Dakota Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
3-5 business days
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes* (it is risky)
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes* (see above)

Second Parent and Stepparent Adoptions for North Dakota Residents:

*This situation typically arises if the child is born outside of North Dakota. The parents then return to North Dakota to obtain a second parent adoption or stepparent adoption in North Dakota. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in North Dakota?

*Traditional Surrogacy is not permitted in North Dakota. Traditional Surrogacy contracts have been declared void and unenforceable under N.D. Cent. Code §14-18-05*
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