North Dakota Surrogacy Law
Summary: Under North Dakota law, traditional surrogacy agreements (in which the surrogate mother is the biological contributor of the egg) are void and unenforceable, but gestational surrogacy agreements (in which the surrogate mother is not the biological contributor of the egg) are legal and enforceable. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Explanation: The language of North Dakota Code § 14-18-05 appears to render all surrogacy agreement (both traditional and gestational) void and unenforceable, and it establishes that the surrogate and her husband are the legal parents of the child. However, Code Section 14-18-08 explicitly states 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 and the gestational carrier's husband, if any.” It appears that North Dakota law draws a distinction between “surrogates” and “gestational carriers.”
There is no explicit prohibition in North Dakota on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals adopting a child of their same-sex partner.
Citations: N.D. CENT. CODE §§ 14-18-05, 08 (2009).
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Last Updated: 9/9/2009