Comprehensive statutory framework

Surrogacy laws in North Dakota

North Dakota law expressly addresses gestational carrier arrangements and assigns parentage to the intended parents, while treating other surrogate agreements differently.

Gestational carrier arrangements

North Dakota Century Code §14-18-08 provides that a child born to a gestational carrier is a child of the intended parents for all purposes and is not a child of the gestational carrier or her husband, if any.

Important distinction from other surrogate agreements

North Dakota also contains a separate provision, §14-18-05, addressing surrogate agreements that do not fall within the gestational-carrier provision. That distinction is legally important and should be reviewed before relying on the statute.

Pregnancy-related costs

Section 14-18-09 places responsibility for pregnancy-related services, including labor and delivery, on the intended parents for arrangements within the statute.

What this means for a surrogate

Before signing an agreement or beginning treatment, use independent North Dakota reproductive counsel to confirm that the proposed arrangement fits the gestational-carrier provisions and to review compensation, insurance, medical autonomy and the parentage process.

Confirm the statutory fit before you sign.

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Considering becoming a surrogate in North Dakota?

State law is only one part of eligibility. You can review the common screening requirements and, when you are ready, continue to a formal eligibility review with Expecting.

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The formal review is provided by Expecting and is separate from the educational information on Surrogate Expert.

Considering becoming a surrogate in North Dakota?

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