Legislative Milestone in North Dakota’s Surrogacy Landscape:
Present
Gestational surrogacy is permitted by statute, which states that child born by a gestational carrier is the child of the Intended Parents.
Surrogacy Contracts
Are legally binding in North Dakota.
Intended Parents and Surrogate must be represented by a separate surrogacy attorney.
A surrogacy agreement must be executed before the beginning of the medical process.
Parental Rights
Pre-birth parental orders can be issued, regardless of the marital status and sexual orientation, but at least one partner must have a genetic connection to the child born via surrogacy.
Legal Rights of Surrogates:
Have the access to psychological counseling.
Are compensated for their time and medical risks in addition to the base payment.
Have the right for a base compensation, outlined in the agreement.
Who Can Benefit from Surrogacy in NM?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in North Dakota:
The surrogacy environment in North Dakota is characterized by its conservative approach, yet it offers a unique opportunity for those willing to navigate its legal nuances. In this state, while the law explicitly prohibits any form of surrogacy contracts for traditional surrogacy, where the surrogate is also the genetic mother of the child, gestational surrogacy is treated with more clarity and is a viable option for many seeking to begin their families through assisted reproductive technologies.
Advantages of Surrogacy in ND
Despite the legal restrictions on traditional surrogacy, North Dakota presents an open door for gestational surrogacy under the right circumstances. It stands as a testament to the evolving nature of family creation, where even within a framework of conservative laws; the dream of parenthood is achievable with the right guidance and professional support.
