North Dakota gives automatic intended-parent status at birth for a statutory gestational-carrier arrangement, but its definition requires an embryo created with the egg and sperm of the intended parents. Traditional-surrogacy agreements are void, and donor-gamete configurations fall outside the clearest statutory route.
A path exists, but eligibility, agreement, genetic, residency, approval, or parentage requirements can materially limit who may use it.
N.D.C.C. Chapter 14-18 recognizes gestational-carrier arrangements within its narrow genetic definition and separately voids an agreement involving a person who meets the chapter's broader definition of a surrogate. The chapter requires intended parents to cover pregnancy-related medical and hospital costs but does not expressly authorize a separate base-compensation payment or provide a detailed agreement-enforceability checklist.
The statutory gestational carrier is an adult woman who carries an embryo created with the intended parents' egg and sperm and therefore does not contribute her own egg. Chapter 14-18 does not prescribe a minimum age beyond adulthood, prior birth, residence, or a screening checklist.
For a qualifying statutory arrangement, § 14-18-08 makes the intended parents the child's parents for all purposes at birth and excludes the carrier and her spouse. The chapter lacks a detailed surrogacy-order procedure; counsel may seek declaratory relief, while the general UPA says a parentage case begun before birth may not conclude until after birth.
Before matching, verify whether both intended parents' gametes will create the embryo; if not, do not assume § 14-18-08 supplies automatic parentage.
An agreement in which the carrier contributes the egg is void under § 14-18-05 and assigns maternity to the carrier.
The intended parents are responsible for pregnancy-related medical and hospital costs; obtain an insurance review and address uncovered care in writing.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Consult North Dakota ART and adoption counsel before matching or transfer to verify the genetic definition, avoid the traditional-surrogacy prohibition, and design the order, record, and fallback adoption process.
The statutory gestational carrier is an adult woman who carries an embryo created with the intended parents' egg and sperm and therefore does not contribute her own egg. Chapter 14-18 does not prescribe a minimum age beyond adulthood, prior birth, residence, or a screening checklist.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. N.D.C.C. Chapter 14-18 recognizes gestational-carrier arrangements within its narrow genetic definition and separately voids an agreement involving a person who meets the chapter's broader definition of a surrogate. The chapter requires intended parents to cover pregnancy-related medical and hospital costs but does not expressly authorize a separate base-compensation payment or provide a detailed agreement-enforceability checklist.
For a qualifying statutory arrangement, § 14-18-08 makes the intended parents the child's parents for all purposes at birth and excludes the carrier and her spouse. The chapter lacks a detailed surrogacy-order procedure; counsel may seek declaratory relief, while the general UPA says a parentage case begun before birth may not conclude until after birth.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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