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Is Surrogacy Legal in North Dakota?

Surrogacy Law in North Dakota

North Dakota Surrogacy Law: Types of Surrogacy

In North Dakota, gestational carrier arrangements are permitted by North Dakota Century Code §§14-18, which states unequivocally that a child born to a gestational carrier is the child of the intended parents.

Traditional (genetic) surrogacy, however, is not permitted. North Dakota Century Code §14-18-05 declares this method of surrogacy “void and unenforceable.”

Are There Surrogate Requirements in North Dakota?

No specific legal requirements exist to serve as a gestational carrier in the state of North Dakota.

Does North Dakota Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in North Dakota do grant pre-birth orders.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:


  • Married heterosexual couples, using their own egg and own sperm
  • Unmarried heterosexual couples, using their own egg and own sperm
  • Married heterosexual couples, using a sperm or egg donor
  • Unmarried heterosexual couples, using an egg or sperm donor
  • Same sex couples, using an egg or sperm donor
  • Single parents using an egg or sperm donor*

*For mothers, yes. For fathers, maybe.


For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:




Whose names go on the birth certificate in North Dakota?

Parents will be listed on the birth certificate as “parent and parent.”

An international same-sex male couple can obtain a birth certificate listing the biological father and gestational surrogate as parents, but it’s a risky proposition. It would be better to attempt to have both fathers put on the birth certificate from the beginning. Intended parents should prepare for a second-parent adoption being necessary, just in case.

Surrogacy Conditions for Same-Sex Couples in North Dakota

The only requirement is that the same sex couples prove that they are the owners of the donated egg(s) and/or embryo(s). This can be accomplished by the egg donor/embryo donor agreement.

Are There Options for Unmarried Intended Parents in the state of North Dakota?

Yes. Single parents only need to show that they own the egg, sperm and/or embryo(s).

Egg Donation Law

As cited above, the North Dakota state statute governing surrogacy states clearly, “a donor is not a parent of a child conceived by means of assisted reproduction.”

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in North Dakota*

William P. Harrie
Nilles Law Firm
1800 Radisson Tower
201 North Fifth Street
P.O. Box 2626
Fargo, ND 58108-2626
Phone: 701.237.5544

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.

Do you have questions about surrogacy law in your state? ​