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Surrogacy Laws in North Dakota

With the current laws in the state in North Dakota, traditional surrogacy contracts are null and not enforceable, but gestational surrogacy contracts allowed and legal. The issue of surrogacy contracts with LGBT couples has not been addressed yet.

Explanation: The North Dakota language of its law seems to say that all surrogacy arrangements, both gestational and traditional, are null and void, and it sets it up that the surrogate and her husband are the true parents of the child. However, another code says that a child born to someone who is a gestational carrier is a child of the intended parents for all purposes, and it is not a child of the gestational carrier or her husband. It seems that north Dakota law makes a difference between gestational carriers and surrogates.



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