A gestational carrier agreement, also known as gestational surrogacy agreement, is an agreement where a woman agrees to carry a child for another person, known as the “intended” parent or parents. A gestational surrogacy agreement differs from a traditional surrogacy agreement because the embryo is not created using the gestational carrier’s egg. A traditional surrogacy agreement, where the egg of the surrogate is used, is not enforceable in North Dakota.
“A traditional surrogacy agreement, where the egg of the surrogate is used, is not enforceable in North Dakota.”
Under North Dakota law, a Gestational Carrier Agreement is an enforceable and legal contract. The agreement will need to cover a variety of issues including: the amount of money the carrier may receive, as well as how medical costs, travel costs and other expenses will be paid. The intended parents can seek a court order to become the legal parents of the child before it’s born. This is known as a pre-birth order. Navigating these agreements and the legal process of parentage can be a complex and daunting process. It is extremely important to work closely with a lawyer who has extensive knowledge in this area of law. Be sure to ask your prospective legal counsel if they’ve handled such agreements before. Lynn Slaathaug Moen at Nilson Brand Law is available to assist clients in North Dakota and western Minnesota with all aspects of gestational carrier agreements and establishing parentage.