Center for Surrogate Parenting, LLC.

North Dakota Surrogacy Law Overview

The Center for Surrogate Parenting walks you through North Dakota surrogacy law


Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including North Dakota surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about North Dakota surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Gestational surrogacy is statutorily permitted in North Dakota, while traditional surrogacy is expressly prohibited by statute. North Dakota courts are particularly favorable towards intended parents where at least one is genetically related to the child.

    • Does the state have surrogacy laws and/or case law?

      Statutory law prohibits traditional surrogacy but allows gestational surrogacy.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      North Dakota courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in North Dakota and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      No, traditional surrogacy is expressly prohibited by statute in North Dakota and any such arrangements are held void and unenforceable.

    • Is gestational surrogacy allowed?

      Yes, gestational surrogacy is statutorily permitted in the state.

    • What are the requirements for an enforceable surrogacy contract?

      Since the state does not have a statutory rule on this, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      Generally, the intended parents and surrogate should have independent counsel, the surrogate should meet specific requirements and the agreement should include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Pre-birth parentage orders can readily be obtained by most intended parents in most circumstances if at least one parent is genetically related to the child. If neither parent is genetically related to the child, it is possible but uncertain whether a pre-birth order will be granted.

    • Can both intended parents be declared the legal parents?

      Yes, if at least one intended parent is genetically related to the child, regardless of whether unmarried or married, heterosexual or same-sex couple. Maybe, if neither intended parent is genetically related to the child, but results vary by judge.

    • Will the state honor a pre-birth order issued by another state?

      Yes.

    • What do intended parents need to know about getting the baby’s birth certificate?

      If the child was born in Bismarck County, copies of the child’s birth certificate will be available within one day of it being electronically filed. For all other births in the state, expedited ordering is available. Same-sex parents will be named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier, or they can obtain an initial birth certificate that names the biological father only. They can subsequently obtain a birth certificate that names both fathers only, with no mention of the surrogate.

    • Are post-birth adoptions permitted?

      Yes. If no intended parent is genetically related to the child, then a post-birth adoption will likely be required in order to obtain and secure legal parental rights.

    • Are second-parent adoptions permitted?

      It is unclear, but it is likely that they are permitted.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.