North Dakota's LGBT surrogacy laws provide clear legal pathways for same-sex couples to grow their families through gestational surrogacy. With supportive state statutes and courts that recognize parental rights, you can build your family with confidence when you understand the legal framework protecting you.
This guide answers key questions about pre-birth orders, birth certificates, and legal protections for LGBT intended parents in North Dakota.
Schedule a consultation today to discover how North Dakota's gay surrogacy laws can support your family-building journey.
LGBT Surrogacy Laws in North Dakota and Establishing Parentage: Will We Get a Pre-Birth Order?
Yes, and the process is straightforward.
North Dakota courts routinely grant pre-birth parentage orders for LGBT intended parents under N.D. Cent. Code §§14-18. These orders declare you as legal parents before birth, ensuring your names appear on the birth certificate immediately.
Requirements for pre-birth orders in North Dakota:
- At least one intended parent must have a genetic connection to the child
- You can be married or unmarried
- Same-sex couples receive equal treatment as heterosexual couples
- The gestational surrogacy agreement must be properly executed
If neither parent has a genetic connection, pre-birth orders are still possible in North Dakota even when using donor eggs and sperm, though you'll need experienced legal guidance.
North Dakota's LGBT surrogacy laws explicitly state that "a child born to a gestational carrier is the child of the intended parents for all purposes."
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in North Dakota?
Both partners in a same-sex couple can be declared legal parents on the pre-birth order, even when only one has a genetic connection.
The legal pathway depends on your situation:
Both fathers typically named on pre-birth order Both mothers usually obtain legal parentage from birth More complex but achievable with proper representation
While North Dakota law doesn't require genetic connection from both parents, having at least one genetic link strengthens your legal position.
What If We're Not Married — Can We Both Be Legal Parents?
Marriage isn't required for both parents to be recognized in North Dakota. LGBT surrogacy laws allow both parents in unmarried same-sex couples to be declared legal parents through pre-birth orders.
Benefits of marriage include:
- Streamlined pre-birth order process
- Stronger legal presumptions of parentage
- Enhanced protection when traveling across state lines
If you're not married, you can achieve the same outcomes with more extensive documentation requirements.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in North Dakota?
North Dakota's gay surrogacy laws are supportive of single LGBT intended parents. Single intended parents often face fewer legal hurdles than couples.
Single LGBT intended parents can obtain pre-birth parentage orders when they have a genetic connection to their child. Whether you're gay, lesbian, bisexual, or identify differently, North Dakota courts treat single intended parents equally.
Your pathway as a single LGBT intended parent:
- Using your own egg or sperm: Pre-birth orders routinely granted
- Using donor gametes: More documentation required but achievable
- No additional requirements based on sexual orientation
How Will Our Names Appear on the Birth Certificate in North Dakota?
North Dakota uses inclusive language for LGBT families.
Same-sex couples are listed as "Parent and Parent" on their child's birth certificate. This gender-neutral language ensures both partners are recognized equally.
Birth certificate details for LGBT families:
No distinction between genetic and non-genetic parents Issued directly from vital records office Recognition across all counties
How Long Will It Take to Get the Birth Certificate?
When will we receive our baby's birth certificate? The timeline is typically 1-3 weeks after birth.
North Dakota processes birth certificates quickly with pre-birth orders. Expect:
- Hospital certification: 1-2 business days
- State processing: 5-10 business days
- Delivery by mail: 3-5 additional days
- Expedited processing available for additional fee
Do We Need a Second Parent Adoption After Surrogacy in North Dakota?
In most cases, no additional adoption is required.
When both partners are named on the pre-birth order and birth certificate, no further legal steps are typically necessary. However, some LGBT couples choose second parent adoption for extra security.
When second parent adoption might be recommended:
- Extra legal protection and court recognition
- Travel considerations for less LGBT-friendly states
- Insurance company preferences
- Peace of mind
How Surrogacy Contracts Protect LGBT Parents in North Dakota
A well-drafted agreement is your legal foundation.
North Dakota enforces gestational surrogacy agreements, giving LGBT intended parents strong protections when contracts are properly structured.
Essential contract provisions:
- Clear declaration of intent to parent
- Medical decision-making authority during pregnancy and birth
- Pre-birth order cooperation requirements
- Hospital directive clauses
- Genetic material ownership rights
Additional LGBT-specific protections include non-discrimination clauses, confidentiality provisions, and communication guidelines.
Why Work With a Surrogacy Agency If You're an LGBT Couple in North Dakota
The benefits often outweigh costs, especially for same-sex couples navigating legal complexities.
Professional agencies bring specialized experience with North Dakota's LGBT surrogacy laws and connect you with surrogates enthusiastic about helping same-sex couples.
Key advantages for LGBT intended parents:
Faster matching with LGBT-supportive surrogates Legal expertise in same-sex surrogacy law Medical coordination between all parties Emotional support through unique challenges Professional screening and comprehensive agreements
Many LGBT couples find agency support reduces stress and timeline, making it a valuable investment.
Finding an LGBT-Friendly Surrogacy Attorney in North Dakota
Choosing the right attorney is crucial for protecting LGBT intended parent rights.
Qualified North Dakota Surrogacy Attorneys:
- Nilson Brand Law (Fargo, Mayville, Grand Forks): Nilson Brand Law has gestational surrogacy attorneys that provide the legal support you need for the various aspects of the surrogacy contract.
- Gjesdahl Law, P.C. (Fargo): Gjesdahl Law has helped many couples throughout North Dakota become parents. They have comprehensive assisted reproduction legal services in the greater Fargo area.
- Liedman Law (Fargo): Attorney Kirsty Liedman is a member of The National LGBTQ+ Bar Association and has a deep understanding of the specific concerns that come with the process
Questions to ask attorneys:
- How many same-sex surrogacy cases have you handled?
- What's your success rate with pre-birth orders for LGBT couples?
- How do you handle cases where neither parent is genetically related?
- What are your fees for LGBT surrogacy services?
How to Get Started With LGBT Surrogacy in North Dakota
North Dakota's supportive legal environment makes this an excellent choice for LGBT family building.
Discuss goals and timeline Understand North Dakota requirements Complete fertility assessments Connect with LGBT-supportive carriers Develop comprehensive agreements Secure parental rights before birthYour Next Steps
North Dakota's LGBT surrogacy laws provide strong protections for same-sex couples, but success depends on proper planning. Don't leave your family's future to chance.
Schedule a consultation with specialists who have helped hundreds of LGBT couples successfully build families through surrogacy.