If you're thinking about building your family through surrogacy or helping someone else do so, you’re in the right place.
Whether you’re a hopeful parent or considering becoming a surrogate in North Dakota, understanding the surrogacy legal process is key to feeling confident and protected. In this guide, we’ll cover everything you need to know about North Dakota’s surrogacy laws, including compensation rules, abortion regulations and parentage orders.
You deserve to be supported every step of the way. Talk with one of our surrogacy specialists today and take the first step on your surrogacy journey.
North Dakota Surrogacy Laws: A Clear Legal Path Forward
North Dakota clearly permits gestational surrogacy under state law. According to North Dakota Century Code, sections 14 through 18, a child born to a gestational carrier is legally the child of the intended parents. This gives intended parents a solid legal foundation to secure pre-birth orders and establish parentage early in the process.
For surrogates, this law means you are not legally or financially responsible for the child you carry. With a well-drafted contract and support from a trusted agency like American Surrogacy, the legal process in North Dakota can be smooth and straightforward.
Is Paid Surrogacy Legal in North Dakota? Yes, and Here’s Why It Matters
Yes, paid surrogacy is legal in North Dakota. The law allows for compensated surrogacy agreements, and it doesn’t impose restrictions on how much a surrogate can be paid. This flexibility makes it easier for you to negotiate fair compensation that reflects the surrogate’s time, commitment and the physical toll of pregnancy.
At American Surrogacy, we work with both intended parents and surrogates in North Dakota and across the country. We can match you with qualified surrogates in states where paid surrogacy is legal.
Want to learn more about surrogate compensation? Discover why it’s such an important part of the process today.
Are Surrogacy Contracts Enforceable in North Dakota? Know Your Rights
Yes. In North Dakota, gestational carrier agreements are legally binding and enforceable.
While state law does not require specific elements in the contract, including certain industry-standard provisions is critical to protecting everyone involved.
Surrogacy Contract Checklist
When it comes to protecting your rights, here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step with confidence.
When Do I Need a Surrogacy Contract in North Dakota?
You’ll finalize your surrogacy contract after you’ve been matched. This means once you've decided to work with a surrogate or intended parents, you can bring your attorney into the process and start drafting the agreement.
Learn more about the surrogacy timeline and what happens at each stage.
How Will American Surrogacy Support Me During the Contract Stage?
At American Surrogacy, we coordinate closely with your surrogacy attorney to make sure your contract reflects your preferences. You attorney and agency team will be with you every step of the way to ensure a smooth and secure surrogacy journey.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Looking for the right surrogate? You can be sure that before we ever present a surrogate’s profile to you, we research the state’s surrogacy laws to confirm it’s a match.
LGBTQ+ Surrogacy Laws in North Dakota: What You Need to Know
North Dakota does not have statutes that specifically address LGBTQ+ surrogacy, but current legal practices support these family-building journeys.
Intended parents, regardless of sexual orientation, can be listed on the birth certificate. Married and unmarried LGBTQ+ couples can typically obtain a pre-birth parentage order if at least one parent is genetically related to the child. If neither parent shares a genetic link, a pre-birth order may still be possible, but it depends on the judge and jurisdiction. Married and unmarried LGBTQ+ couples can pursue a second-parent adoption to further secure their legal rights.
These options help LGBTQ+ families establish parentage and feel protected every step of the way.
American Surrogacy proudly supports all family-building journeys.
Abortion Laws in North Dakota and Surrogacy Contract Termination Agreements
As of 2025, North Dakota bans abortion at fetal viability, which is around 23 to 24 weeks. A total abortion ban was repealed in 2024, but there are currently no providers in the state.
Other restrictions also apply:
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Counseling and a 24-hour waiting period are required
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Insurance coverage for termination is heavily restricted
Every surrogacy contract includes a section on termination and selective reduction, ensuring all parties agree on how to handle complex medical decisions according to state law. If North Dakota’s restrictions aren’t right for your situation, we can match you in a more surrogacy-friendly state.
Surrogacy Laws for Establishing Parentage in North Dakota: How to Secure Your Legal Rights
Legal parentage is a major milestone in the surrogacy journey. North Dakota offers two legal pathways:
Generally, single parents and married and unmarried couples in North Dakota can obtain a pre-birth order if at least one parent is genetically related to the child. If neither intended parent is biologically related, it’s up to the court and judge. If a pre-birth order isn’t possible, you can still establish legal parentage through a post-birth order. This legal step happens after the baby is born.
How to Get a Pre-Birth Order
To secure a pre-birth order in North Dakota, you'll need to follow these steps:
They’ll prepare all legal documents for surrogacy and petition the court. This allows time for approval and avoids post-birth delays. Most courts won’t require a hearing unless there are complications. Once approved, the order affirms your parental rights. North Dakota usually mails it within seven to 10 business days.
International Surrogacy Laws
North Dakota does not have special restrictions for international intended parents. As long as you follow North Dakota's outlined surrogacy legal process, you can pursue parenthood here.
If you live abroad, American Surrogacy will help you match with a surrogate in the U.S. and manage the entire process.
The Role of a Surrogacy Attorney in North Dakota
A surrogacy attorney plays a key role in your journey. They draft, review and negotiate the surrogacy contract; help obtain court orders; and make sure everything aligns with North Dakota law.
American Surrogacy partners with experienced surrogacy attorneys across the U.S. and can help connect you to the right legal professional.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
In North Dakota, surrogate and intended parent legal fees typically range from $5,000 to $15,000. Intended parents are responsible for covering their surrogate’s expenses.
We understand that surrogacy is a significant financial commitment. That’s why our full-service program includes legal fees — you won't be caught off guard by extra costs down the road.
Find a Surrogacy Attorney Near Me
Here’s a trusted surrogacy attorney from our established professional network:
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Nilles Law Firm (Fargo): William Harrie has over 30 years of experience. He’s a long-standing member of the American Academy of Adoption and Assisted Reproductive Attorneys and is equipped to handle all aspects of assisted reproduction and surrogacy law.
Explore Our Surrogacy Programs in North Dakota: Find the Right Fit
We offer three surrogacy programs to meet different needs and comfort levels. Here’s a quick look:
Limited Risk Program
This program protects your investment if unexpected setbacks occur. If your surrogate is disqualified, a transfer fails or a miscarriage happens, your fees are either refunded or credited toward a future attempt. You won’t pay twice for the same outcome.
Foundation Program
The Foundation Program is a pay-as-you-go option that helps you manage costs. You’ll pay for services as you use them, which can keep expenses lower if everything goes smoothly on your first attempt. If complications arise, additional fees may apply.
Independent Surrogacy Program
If you’ve already found a surrogate, this program helps you complete the rest of your journey. It includes screening, legal coordination and medical support without duplicate costs for services you’ve already secured. Our team ensures everything is managed smoothly so you can focus on your goal.
No. North Dakota does not require insurance companies to cover IVF. The states that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah. No. North Dakota law does not define an embryo as a person. Lawmakers did introduce House Bill 1373, which would have established legal personhood beginning at fertilization, but the bill did not pass. No. Traditional surrogacy contracts are considered void and unenforceable under North Dakota Century Code, section 14-18-05. No. According to North Dakota Century Code, section 14-20-60, a donor is not a parent of a child conceived via assisted reproduction. No. However, you may deduct qualified medical expenses on your federal tax return if they exceed 7.5% of your adjusted gross income.FAQ: Legal Aspects of Surrogacy in North Dakota
Are insurance companies required to cover IVF in North Dakota?
Is an embryo considered a person in North Dakota?
Is traditional surrogacy legal in North Dakota?
Do sperm and egg donors have parental rights?
Is there an IVF Tax Credit?
Ready to Begin Your Surrogacy Journey in North Dakota?
With the right professionals by your side, navigating the surrogacy legal process can feel far less overwhelming. When you’re supported by a knowledgeable, compassionate team, each step becomes more manageable.
American Surrogacy has the resources and legal expertise you need to navigate your journey from start to finish.
Contact us today to speak with a surrogacy specialist and take your next step.