North Dakota

Accepts / Does NOT Accept CA Judgment

Accepts

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

✓ (CFC indicates for IM, yes and IF, possibly- confirm with VR)

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

✓* (may vary between men and women)

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

North Dakota Century Code 14-18-08:

Gestational carrier agreements. 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

Vital Records Information

Contact: Kerri Friesz ([email protected], 701-328-4506)

  • Judgment must be reviewed by VR in advance (via email)
  • Send certified Judgment and IVF Declaration to Kerri before the birth so she knows a surrogacy case is coming and can communicate with the hospital
    • Attn: Kerri A. Friesz, North Dakota Dept of Health Vital Records, 600 East Boulevard Avenue, Bismark, ND  58505

  • The IVF Dec or Judgment MUST state the genetic makeup of the embryo(s)

Judgment: Hospital may or may not need a certified Judgment- contact for information

Birth Certificates: Fill in the birth certificate application and send it to the VR after the baby born.

  • Expedited service is possible
  • Once ND VR receives the birth record from the hospital, it takes about 5-7 business day to complete the birth certificate

Local Counsel

William P. Harrie
(701) 237-5544
[email protected]