Gestational Surrogacy is permitted by statute N.D. Cent. Code §§14-18, which states clearly and simply that a child born to a gestational carrier is the child of the intended parents for all purposes.
Note: Section 14-02.1-02 of the North Dakota Century Code bans abortion for sex selection or for a genetic defect.
Do courts grant pre-birth parentage orders?
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
Is a hearing required to obtain a parentage order?
Do results vary by county?
Will North Dakota Vital Records honor a pre-birth order from another state?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
Note: This situation typically arises if the child is born outside the state. The parents then return to North Dakota to obtain a second parent adoption or stepparent adoption in North Dakota.
Will courts in North Dakota grant second parent adoptions or stepparent adoptions to heterosexual couples living in North Dakota?
Does the couple need to be married?
Will courts in North Dakota grant second parent adoptions or stepparent adoptions to same-sex couples living in North Dakota?
Does the couple need to be married?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
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.
William Harrie
wharrie@nilleslaw.com
(701) 237-5544
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