North Dakota

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.

Please send certified copies of the IVF Physician's affidavit and certified judgment to:

Attn: Kerri A. Fresz

North Dakota Dept of Health Vital Records

600 East Boulevard Avenue

Bismark, ND  58505

701-328-4506

kafriesz@nd.gov

A regular copy of the judgment should be provided to the hospital, which the hospital will use to create and electronically file the birth record with Vital Records.

Birth Certificates

Timing - Available for in-person purchase only in Bismark within a day of the birth record being electronically filed; expedited ordering and overnight shipping is available for births occurring elsewhere in North Dakota.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.

statutes / case law

Gestational Surrogacy is permitted by statute, N.D. Cent. Code §§14-18.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. N.D. Cent. Code §14-20-60 is clear and gender neutral. "A donor is not a parent of a child conceived by means of assisted reproduction." 

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence,.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  Unknown.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Unknown.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.