What You Need to Know About Surrogacy in North Dakota

North Dakota Surrogacy Laws and Information

Is surrogacy in North Dakota legal? What are the surrogacy laws in North Dakota? Find the answers to these questions and more with American Surrogacy.

If you’re considering surrogacy in North Dakota, you’ve come to the right place. The first step for prospective intended parents and surrogates is always to learn more about North Dakota surrogacy laws — and American Surrogacy can help.

North Dakota has a few state statutes that govern the process of surrogacy in this state, making it a safe and legal family-building path for both intended parents and surrogates in North Dakota. We always encourage those interested in this path to contact a local North Dakota surrogacy attorney to learn more about these state surrogacy laws and determine whether this is the right path for their family.

To start your personal research, keep reading this article for answers to some of the most commonly asked questions about surrogacy in North Dakota.

Q: Is surrogacy legal in North Dakota?

A: In North Dakota, surrogacy is legal due to a state statute that permits gestational surrogacy. This statute also declares that a child born to a gestational surrogate is the child of the intended parents for all intents and purposes. So, intended parents and surrogates who wish to complete a gestational surrogacy in North Dakota have a set legal and practical process they can follow to do so.

Q: Is compensated surrogacy legal in North Dakota?

A: Yes. North Dakota surrogacy laws do not prohibit or regulate the base compensation a gestational carrier can receive for her services.

Q: Is traditional surrogacy legal in North Dakota?

A: No. North Dakota surrogacy laws declare any traditional surrogacy arrangement void and unenforceable.

Q: What does a surrogacy agreement in North Dakota cover, and how does the legal process work?

A: The process of drafting a surrogacy contract in North Dakota is similar to the process in many other states. Although there are no surrogacy laws regulating this legal step, surrogacy attorneys in this state follow a general procedure established to properly protect the rights of intended parents and surrogates.

Both parties must be represented by separate lawyers for the drafting of their North Dakota surrogacy contract, which should address:

  • Rights and responsibilities of each party
  • Risks and liabilities for each party
  • Surrogate compensation and other financial information
  • Delivery plans for the surrogate
  • Contact expectations before, during and after
  • And more

After this surrogacy contract is signed, intended parents and a surrogate can move forward with the medical process of surrogacy in North Dakota.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in North Dakota?

A: Because gestational surrogacy contracts are permitted by North Dakota surrogacy laws, these contracts are enforceable. However, any traditional surrogacy contracts are void and unenforceable in this state.

Q: What are the surrogacy laws in North Dakota on parentage orders?

A: Unmarried or married couples can be issued pre-birth parentage orders if at least one partner has a genetic connection to the child born via surrogacy. Single intended parents with a genetic link to their child can also be issued a pre-birth order by a North Dakota surrogacy court.

There is no legal standard for intended parents with no genetic connection to their child born via surrogacy, so speak with a local North Dakota surrogacy attorney to learn more about the legal process for this circumstance.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in North Dakota?

A: No. There are no surrogacy laws in North Dakota that apply to international intended parents that do not apply to domestic intended parents.

Q: When do intended parents need to complete an adoption after birth? 

A: While intended parents with a genetic connection to their child will usually be able to obtain a pre-birth parentage order, intended parents with no genetic connection to their child may need to complete an adoption after birth. If intended parents from North Dakota complete a surrogacy in another state where they can’t obtain a pre-birth order, they may need to complete an adoption, as well.

It’s best to speak with a local North Dakota surrogacy attorney to determine what will be the case for you.

Q: Does North Dakota allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: This is unclear. North Dakota law states that single unmarried adults can adopt, and husbands and wives can adopt jointly. But, because of the federal marriage equality ruling in 2015, what is viewed as a “marriage” is now different than just “husband and wife.”

Again, a surrogacy attorney in North Dakota can best address whether you need a second-parent adoption in your situation.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: As mentioned, intended parents can usually obtain a pre-birth order in a North Dakota surrogacy, even if they use a donor egg or sperm. However, those using an embryo donation and those who are not related to their child may need to complete an adoption after birth to establish their rights.

North Dakota laws do state that “a donor is not a parent of a child conceived by means of assisted reproduction.”

Q: Are there any additional laws impacting same-sex surrogacy in North Dakota?

A: No. LGBT intended parents should be treated equally as any other intended parent in a North Dakota surrogacy journey.


Considering surrogacy in North Dakota? American Surrogacy can help, from answering questions you have about the North Dakota surrogacy process, to helping you find an intended parent or surrogate who shares your surrogacy goals (whether or not they’re located in the same state as you), to guiding you through every step of the process.

To learn more about how our agency can help you complete your surrogacy in North Dakota, please contact our surrogacy specialists at 1-800-875-2229(BABY).

This article is not intended to be and should not be taken as legal advice. Surrogacy laws in North Dakota are always subject to change, so please speak with a North Dakota surrogacy attorney for advice on the current state of surrogacy in North Dakota.