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Surrogacy in North Dakota

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Surrogacy is a type of a complex assisted reproductive technology treatment in which one woman, known as the surrogate, bears a child for another couple or individual. There are two types of surrogacy. The first is known as traditional surrogacy, when the surrogate is inseminated with donor sperm to conceive a child.

The second type is called gestational surrogacy. In this type, the surrogate is implanted with a donor ember, so the resulting child will not be biologically related to her. Many people prefer to stick with gestational surrogacy since traditional can be more legally complex.

Surrogacy Law in North Dakota

Unlike many states, North Dakota does have laws on the books regarding surrogacy. According to state law, surrogacy agreements for traditional surrogacy--where the surrogate contributes the egg--are considered void and unenforceable. However, state law allows gestational surrogacy agreements to be enforced.

The language of this law states that with gestational surrogacy, the intended parents will be considered the legal parents of the child (if the gestational surrogate is implanted with an embryo created from the intended parents).

Currently, the courts in North Dakota have not yet considered surrogacy agreements as they pertain to LGBT individuals or couples.

Finding a Surrogate in North Dakota

If you are considering surrogacy in North Dakota, your first step should be contacting your fertility clinic. There is one fertility clinic located in North Dakota, Sanford Reproductive Medicine Institute, which works with gestational carriers.

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