N.D. Cent. Code » Title 14 · Chapter 14-18
North Dakota Century Code

N.D. Cent. Code § 14-18-05 (2026)

Surrogate agreements

✓ current as of May 2026
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Any agreement in which a woman agrees to become a surrogate or to relinquish that woman's rights and duties as parent of a child conceived through assisted conception is void. The surrogate, however, is the mother of a resulting child and the surrogate's husband, if a party to the agreement, is the father of the child. If the surrogate's husband is not a party to the agreement or the surrogate is unmarried, paternity of the child is governed by chapter 14-20.

Notes of Decisions
Cited in 6 cases, 1998–2017 · leading case: In Re Baby, 447 S.W.3d 807 (Tenn. 2014).
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In Re Baby, 447 S.W.3d 807 (Tenn. 2014). · cites it 2× “590 (4) (prohibiting traditional surrogacy contracts, as defined by statute, without addressing gestational surrogacies); N.D. Cent. Code §§ 14-18-05 , -08 (declaring traditional surrogacy agreements void but allowing gestational surrogacies by providing that “[a] child born to…”
Raftopol v. Ramey, 12 A.3d 783 (Conn. 2011). · cites it 2× “Code §§ 26-10A-33 and 26-10A-34 (2009); Iowa Code Ann. § 710.11 (West 2003).”
Joseph F. Morrissey v. United States, 871 F.3d 1260 (11th Cir. 2017). “To take just one example, the States have adopted a range of positions with respect to surrogacy contracts: some States explicitly sanction them, see, e.”
David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013). “Law §§ 121-124 (McKinney 2010); N.D. Cent. Code §§ 14-18-05 , -08 (2011); Tex.”
R.R. v. M.H., 689 N.E.2d 790 (Mass. 1998). “1997) 4 ; N.D. Cent. Code § 14-18-05 (1991); Utah Code Ann.”
In Re Baby (Tenn. 2014). “590 (4) (prohibiting traditional surrogacy contracts, as defined by statute, without addressing gestational surrogacies); N.D. Cent. Code §§ 14-18-05 , -08 (declaring traditional surrogacy agreements void but allowing gestational surrogacies by providing that “[a] child born to…”
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