Surrogacy Law in North Dakota

North Dakota has a surrogacy law, but it only protects a narrow type of arrangement.

Is surrogacy legal in North Dakota?

Only for a specific kind of arrangement. North Dakota's law protects surrogacy when the embryo is made using the intended parents' own egg and sperm — no donor eggs or sperm. If a donor is involved, the arrangement falls outside this law's protection.

Can a surrogate be paid?

For an arrangement that qualifies under the law, yes — with no cap on compensation. But if donor eggs or sperm are used, there's no clear legal path to a paid, enforceable agreement under this particular law.

How do intended parents become the legal parents?

For a qualifying arrangement, courts commonly issue pre-birth recognition, often without a hearing. For arrangements that fall outside the law's narrow definition, the legal picture is much less certain, even though some families report success in practice.

A few practical things to know

• Own egg and sperm only: donor gametes fall outside this law's protection.
• No compensation cap for arrangements that do qualify.
• Donor-gamete arrangements are riskier: talk to an attorney early if this applies to you.
• Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
• Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the North Dakota insurance guide linked below.

This isn't legal advice

This page is here to help you learn the basics — it isn't legal advice. North Dakota's law is narrower than most states, so it's worth getting personalized advice early.

Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in North Dakota. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.