How to Become a Surrogate in North Dakota
North Dakota’s surrogacy statute is one of the clearest in the country — it says in plain words that a child born to a gestational carrier is the child of the intended parents, and not yours, as the surrogate. But North Dakota also has some of the most restrictive abortion laws in the nation, and that affects what your surrogacy contract can actually deliver. Both things are true, and you should weigh both.
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Is surrogacy legal in North Dakota?
Yes, and the statute is unusually clear — but it only covers gestational surrogacy.
North Dakota is one of a small number of states with an actual surrogacy law rather than case law or silence. Two provisions matter.
N.D. Cent. Code § 14-18-08 says that 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 or her husband.
Read that again, because it’s the single most protective sentence in any statute across the states we cover. It means:
- You are not the child’s legal mother, at any point. Not provisionally, not pending an order.
- Your husband is not the legal father. In Iowa, Missouri and Kansas a married surrogate’s spouse is presumptively the father and his rights have to be dealt with. North Dakota disposes of that in the statute itself.
- No adoption is required, and there’s no presumption anyone has to rebut.
N.D. Cent. Code § 14-18-05 goes the other way for traditional surrogacy: any agreement in which a woman agrees to become a surrogate using her own egg, or to give up her parental rights to a child conceived through assisted conception, is void. So traditional surrogacy is off the table in North Dakota. In practice that changes nothing — agencies don’t do traditional surrogacy anywhere — but it’s why the distinction between “surrogate” and “gestational carrier” matters more in North Dakota’s statute than in most.
Donors are covered too. § 14-20-60 states, in gender-neutral terms, that a donor is not a parent of a child conceived through assisted reproduction.
Parentage in practice
North Dakota courts grant pre-birth orders, filed as declaratory judgments. Two practical points your attorney will handle but you should know:
- Proceedings typically begin after the first trimester. Don’t be alarmed that nothing legal is happening in month two.
- Pre-birth orders are readily granted where at least one intended parent is genetically related to the child. Where neither is, it’s possible but less certain, and a non-genetic intended parent may need a second-parent or stepparent adoption afterwards. Same-sex couples do obtain pre-birth orders naming both parents.
Birth certificates are issued quickly — intended parents can generally obtain copies from North Dakota Vital Records within a day of electronic filing.
You don’t have to live in North Dakota, but there’s an important caveat: for North Dakota’s statute to govern your agreement, the birth generally needs to happen in North Dakota. If you live near a state line, raise that during the contract stage rather than later.
Compensation is permitted and unregulated. North Dakota places no cap on what a gestational carrier can be paid.
If you’ve already carried a healthy pregnancy, North Dakota’s law is about as favourable as it gets. Five minutes will tell you whether you qualify.
Check my eligibility →
The thing about North Dakota nobody else will tell you
Every surrogacy contract contains clauses about termination and selective reduction — to lay out what happens if a serious fetal anomaly is found, if your health is threatened, or if a multiple pregnancy needs to be reduced for a safer pregnancy. Those clauses are usually negotiated carefully, and then never used.
In North Dakota, they may not be deliverable.
North Dakota currently has a near-total ban on abortion. In November 2025 the state Supreme Court allowed the 2023 ban to take effect: three of the five justices found it unconstitutionally vague, but North Dakota requires four to strike down a law, so the ban stands. Performing an abortion is a class C felony carrying up to five years in prison and a $10,000 fine. Patients themselves are explicitly protected from prosecution — the criminal exposure falls on the physician.
The exceptions are narrow: rape or incest within the first six weeks of pregnancy, and to prevent the death of the pregnant woman or a serious health risk to her. Psychological conditions do not count as a serious health risk. There are no abortion clinics operating in North Dakota; the state’s last one moved to Moorhead, Minnesota, which is just across the river from Fargo.
What this means for you specifically
A severe fetal anomaly is not an exception. If a scan at twenty weeks finds a condition incompatible with life, termination is not lawfully available in North Dakota. Your contract may say the decision is yours, or that you’d follow the intended parents’ wishes, or that you’d terminate in defined circumstances. None of those clauses can override state criminal law.
Selective reduction of a multiple pregnancy is not available in-state. If you’re carrying triplets and reduction is medically recommended, that isn’t something a North Dakota physician can do.
The health exception exists but is narrow, and doctors may be cautious about it. Three of the five justices on the state’s highest court thought the law’s exceptions were too vague to be constitutional. When physicians face five years in prison over a judgement call, some will wait longer before acting than they otherwise might.
Practically, Minnesota is close. For a surrogate in Fargo or Grand Forks, out-of-state care is a short drive. But arranging that in a crisis, at speed, while pregnant, is not the same as having planned for it.
What to actually do about it
We are not telling you not to be a surrogate in North Dakota. We’re telling you to have three specific conversations before you make a decision:
- With your attorney: what do the termination and reduction clauses in this contract actually mean here? What happens if a clause becomes impossible to perform?
- With the intended parents: what would each of you want in that situation, and are you aligned? A mismatch discovered at twenty weeks is far worse than a difficult conversation in month four.
- With the agency: if out-of-state care were needed, who arranges it, who pays for it, and how quickly can it happen?
If any of those three parties is uncomfortable having the conversation, that tells you something useful.
Most surrogacy pregnancies are uncomplicated and none of this arises. But it’s the sort of thing you want to have thought about in advance, and it isn’t discussed on any other North Dakota surrogacy page we’re aware of.
Do you qualify to be a surrogate in North Dakota?
North Dakota’s statute defines a gestational carrier as an adult woman who agrees to carry an embryo for intended parents, but it doesn’t set out eligibility criteria beyond that. Everything below is set by agencies and fertility clinics following ASRM guidance, not by state law.
The non-negotiables:
- You’ve given birth to at least one healthy child, full-term, and you’re raising that child. No programme waives this.
- You’re between 21 and 45, with most programmes preferring 21–40.
- No nicotine — cigarettes, vapes, pouches, patches. Typically 6–12 months clear, and expect a test.
- No drug use, in your household as well as by you.
- You’ll pass medical screening, a psychological evaluation and a background check — and so will your partner.
- You’re a U.S. citizen or permanent resident.
- You’ll be carrying a gestational pregnancy, with no genetic connection to the child. Traditional surrogacy agreements are void in North Dakota.
More flexible than you’d expect:
- BMI. Most clinics want 19–32, some to 35. A few points over usually means “let’s get you there,” not “no.”
- C-sections. Two is standard, three often workable. How you healed matters more than the count.
- Tubal ligation. Irrelevant — embryo transfer bypasses your tubes.
- Endometriosis. Usually fine. It affects conceiving, not carrying.
- HSV-2. Not disqualifying at most programmes.
- Hypothyroidism or Hashimoto’s. Usually fine if well controlled with TSH in range.
- Not being employed. Being a stay-at-home mother doesn’t affect eligibility.
- Single, unmarried, or LGBTQ+. Doesn’t affect eligibility — and North Dakota’s statute removes the spousal complication that other states create.
Raise these early:
- A history of intrahepatic cholestasis of pregnancy (ICP). Recurs often and carries real risk; most programmes decline or require maternal–fetal medicine clearance.
- Preeclampsia or HELLP previously. Depends on severity and timing. Worth extra thought in North Dakota given the narrowness of the health exception discussed above.
- Antidepressants or other psychotropic medication. Policies vary. Ask before applying; don’t stop medication to qualify.
- Gestational diabetes. Diet-controlled and resolved, usually fine.
- Still breastfeeding. Fully weaned, typically 2–3 months before medication.
| Requirement | Typical North Dakota standard | Set by |
|---|---|---|
| Gestational only | Required | State law (§ 14-18-05) |
| Age | 21–45, most prefer 21–40 | Agency / clinic |
| Prior birth | One or more, full-term | Agency / clinic |
| BMI | 19–32, some to 35 | Clinic |
| C-sections | Usually up to 2–3 | Clinic |
| Nicotine | None, 6–12 months | Agency / clinic |
| North Dakota residency | Not required — but the birth generally must be here | Practical effect of the statute |
Unsure whether a past complication, your BMI, or a third C-section rules you out? The questionnaire covers all of it.
Check my eligibility →
What surrogates are paid in North Dakota
North Dakota places no limit on what a gestational carrier can be paid. Compensation is set in your agreement.
First-time surrogates: $65,000+ total. Experienced surrogates: $75,000+ total.
That splits into two parts — your compensation, and your expenses.
Your compensation: a sample of $50,500
Applying to become a surrogate through SurroAdvisor lets you choose your fee structure rather than getting handed a fixed number, so this is a representative schedule rather than a quote. What’s unusual — and worth paying attention to — is that we publish when each payment lands, which almost no nobody else does.
| When you’re paid | Amount |
|---|---|
| At match | $1,250 |
| At medical clearance | $500 |
| At legal clearance | $1,000 |
| When you start medication | $500 |
| At embryo transfer | $1,000 |
| At hCG pregnancy confirmation | $1,000 |
| At heartbeat confirmation | $3,500 |
| Monthly during pregnancy (8 payments of $5,000) | $40,000 |
| Wellness package | $1,750 |
| Sample base total | $50,500 |
Experienced surrogates add $10,000, taking a comparable schedule to roughly $60,500.
Your expenses: $15,000–$20,000+ on top
Separate from your fee and not deducted from it: $300 monthly allowance with no receipts; all lost wages, yours and your partner’s; travel and a travel companion; family allowance for overnights away; weekly bed rest allowance; post-birth medical leave, 6–8 weeks; maternity clothing; medical insurance and all medical costs; life insurance; your own attorney’s fees; mental health support.
If you’re in a rural part of the state, the travel and mileage provisions matter more than they would elsewhere — monitoring appointments in Fargo or Bismarck can be a long way from home. Make sure the reimbursement terms are specific rather than vague.
Your payments are held in third-party escrow, so the money is set aside independently rather than depending on the intended parents paying on time.
Three things about the money nobody else will tell you
It is very likely taxable. The “non-taxable reimbursement” argument circulating online is unsettled and the IRS has not endorsed it. Most tax professionals treat surrogate compensation as taxable income, and some agencies issue a 1099. Budget as though it’s taxable and speak to a CPA before you sign.
It can affect North Dakota benefits. If your household receives North Dakota Medicaid, SNAP, TANF or child care assistance, surrogate compensation counts as income and could take you over an eligibility threshold. Medicaid also generally won’t cover a surrogate pregnancy — appropriate coverage is arranged for you. Get advice on the timing before you match.
Ask for a schedule, not a range. A quoted range tells you very little. What you want is a list of payments with the milestone attached to each, as above.
The questionnaire tells you which fee structure you’d qualify for and what your schedule would look like.
See what I’d be paid →
What the process looks like in North Dakota
Twelve to eighteen months from application to birth.
Month 1 — Application and matching. You apply, we review your history, and you speak to the agency. Matching typically takes one to three months and you have a say. North Dakota is a small market, so expect matching to take longer than it would in Illinois or Ohio.
Months 2–3 — Screening. Bloodwork, an infectious disease panel, a saline sonogram or hysteroscopy, and a psychological evaluation with someone experienced in third-party reproduction. Your partner is screened too.
Month 4 — Contracts. Your attorney and theirs negotiate the agreement, paid for by the intended parents. In North Dakota, add the three conversations set out above about termination and reduction clauses. Get the answers in writing.
Months 5–6 — Medication and transfer. Estrogen and progesterone to prepare your lining, monitored by ultrasound and bloodwork. The transfer takes minutes and needs no anaesthetic. A pregnancy test around ten days later. Not every transfer works first time; that’s normal and covered.
Months 6–15 — Pregnancy. Care with your own OB or a practice the clinic refers you to. Your attorney files the declaratory judgment petition after the first trimester.
Birth and after. You deliver at a North Dakota hospital. Under § 14-18-08 the intended parents are the child’s parents for all purposes from the outset, and the birth certificate follows quickly. You recover for six to eight weeks with support.
The first step is 12 questions about your pregnancy history. If you’re not a fit, we’ll say so straight away.
Start the questionnaire →
The risks, honestly
Any page listing only the rewards is selling you something.
Physical. Every risk of pregnancy again: gestational diabetes, preeclampsia, hyperemesis, preterm labour, haemorrhage, an unplanned C-section. IVF pregnancies carry a modestly elevated rate of some complications. If a previous pregnancy was difficult, it can be again. Maternal mortality in the US is low but not zero, and that deserves saying plainly.
Medical autonomy, and this is North Dakota’s real risk. In most states the constraints on what happens during your pregnancy are contractual, and you negotiate them. Here, state criminal law sets an outer limit that no contract can move. See the section above; it’s the most important part of this page.
The medication is not nothing. Weeks of injections, with bruising, mood swings, headaches and bloating.
Distance. North Dakota is large and thinly served. Monitoring appointments, specialist care and, if it were ever needed, out-of-state care all involve real travel. Build that into your thinking rather than discovering it in month seven.
Emotional. Most gestational surrogates don’t experience the grief people expect. But postpartum depression is as possible for you as for any birth, and there’s a flatness some women describe when the intensity ends. Use the counselling.
Relational. Your partner will be part of the process. Your children will have questions.
Failed transfers and loss. Not every transfer takes, and miscarriage happens at roughly the general rate. It’s hard to carry when it wasn’t your pregnancy to lose.
How we make money
SurroAdvisor is free for you and always will be. When we match you with an agency and you’re accepted into their programme, they pay us a fee. You are never charged, and your compensation isn’t reduced because you came through us.
We think you should know that, and that it should shape how you read this page — including the section above, which we’d have a commercial incentive to leave out.
It’s also why we only work with just one, trusted, agency partner — right next door in Minnesota — rather than listing everyone who’ll pay us. We’d rather send you somewhere we’d send a friend, in fact we worked with them ourselves for our own surrogacy journeys. And they are highly experienced in working with North Dakotans.
What we do that contacting an agency directly doesn’t:
- We tell you if you don’t qualify before you spend six weeks on an application
- We know which programmes will look at a third C-section, a BMI of 34, HSV-2 or a history of preeclampsia
- In North Dakota specifically, we’ll make sure the termination and reduction clauses in your contract have actually been talked through, rather than signed and hoped over
Common questions from North Dakota surrogates
Is surrogacy legal in North Dakota?
Gestational surrogacy is expressly permitted by statute — N.D. Cent. Code § 14-18-08 states that a child born to a gestational carrier is the child of the intended parents for all purposes and not the child of the carrier or her husband. That’s one of the clearest and most protective statutory statements in the country. Traditional surrogacy, where the carrier uses her own egg, is a different matter: those agreements are void under § 14-18-05.
Will my name be on the birth certificate?
No. The statute establishes the intended parents as the child’s legal parents from the outset, courts grant pre-birth declaratory judgments, and the birth certificate names the intended parents. Neither you nor your husband appears on it.
Does my husband have to be involved?
Much less than in neighbouring states. North Dakota’s statute expressly says the child is not the child of the gestational carrier’s husband, so the marital presumption problem that Iowa, Missouri and Kansas create simply doesn’t arise. He’ll still be a party to the agreement, but the legal complication is handled by statute.
Do I have to live in North Dakota?
Not necessarily — but the birth generally needs to happen in North Dakota for the state’s statute to govern your agreement. If you live near a state border, raise it during the contract stage.
How does North Dakota’s abortion law affect me as a surrogate?
It’s the most important question on this page. North Dakota currently has a near-total abortion ban with narrow exceptions, and performing an abortion is a felony for the physician. That means the termination and selective reduction clauses in your contract may not be deliverable here — a severe fetal anomaly is not an exception, and reduction of a multiple pregnancy isn’t available in-state. Before you sign, talk through with your attorney, the intended parents and the agency what would actually happen in those situations, and who would arrange and pay for out-of-state care if it were needed. Most pregnancies are uncomplicated and this never arises, but it’s worth an hour of thought in month four.
Can I be paid to be a surrogate in North Dakota?
Yes. North Dakota permits compensated gestational surrogacy and places no cap on what you can be paid.
Can I be a surrogate if I’ve had a C-section?
Yes. Two prior C-sections is standard at most programmes and three is often workable. The clinic assesses how your uterus healed, whether you had complications, and what imaging shows. Start requesting your operative reports now — hospital records take longer to arrive than people expect.
Can I be a surrogate if I had cholestasis of pregnancy?
Usually not, and it’s better to know now. Intrahepatic cholestasis recurs in a large proportion of subsequent pregnancies and is associated with increased risk to the baby, so most programmes decline or require maternal–fetal medicine sign-off. Raise it in your first conversation.
Can you be a surrogate with endometriosis?
Usually yes, which surprises people. Endometriosis mainly affects conceiving rather than carrying, and you’ve already demonstrated you can carry to term. Your uterine cavity is checked during standard screening.
Can you be a surrogate with Hashimoto’s or hypothyroidism?
Very often yes, if it’s well controlled on levothyroxine with your TSH in the target range. Thyroid function is monitored closely in any IVF pregnancy. Bring recent labs.
Can you be a surrogate with HSV-2?
Generally yes. It’s managed with suppressive antiviral medication from around 36 weeks and a C-section if there are active lesions at delivery. Most programmes accept HSV-2 positive surrogates. Disclose it at application.
Can I be a surrogate if I’m on antidepressants?
It depends on the programme. Some require six to twelve months off psychotropic medication; others accept stable long-term SSRI use with clearance from the evaluating psychologist. Don’t stop your medication to qualify — speak to your prescriber and to us first.
I’ve had my tubes tied. Does that disqualify me?
No. Gestational surrogacy places an embryo directly into your uterus, so your fallopian tubes aren’t involved.
What if my BMI is over the limit?
Most clinics want under 32, with flexibility to around 35. At 34 or 36 the usual outcome is a conversation about reaching the threshold before transfer, not rejection.
Can a stay-at-home mom be a surrogate?
Yes, and it’s common. Not being employed doesn’t affect your eligibility, and the schedule flexibility helps with monitoring appointments — which matters more in North Dakota than most places, given the distances. Lost-wage reimbursement won’t apply if you have no wages, but base compensation and every other benefit are unaffected, and childcare for appointments is reimbursable. Make sure that’s written in.
Will surrogate pay affect Medicaid or SNAP?
It can. Surrogate compensation is income and may take your household over an eligibility threshold. Medicaid also generally won’t cover a surrogate pregnancy — appropriate coverage is arranged separately. Get advice on the timing before you match.
Do I have to pay tax on it?
Assume yes. The “non-taxable reimbursement” theory is unsettled and unendorsed by the IRS. Set money aside and talk to a CPA before your first payment.
Can I choose the intended parents?
Yes. Matching runs both ways and you can decline a match. In North Dakota, make one of your matching conversations specifically about how you’d each want to handle a difficult prenatal diagnosis — the state’s law makes that conversation more consequential than it would be elsewhere.
Does being a surrogate affect my own fertility?
There’s no evidence that carrying a gestational surrogacy pregnancy reduces future fertility. The risks are those of any pregnancy: a C-section adds scar tissue, and a serious complication could have lasting effects.
Ready to find out where you stand?
If you’ve carried a healthy pregnancy, you’re 21 to 45, you don’t use nicotine and you’re raising your own child, you’re likely eligible — and the questionnaire will tell you in about five minutes.
12 questions · about 5 minutes · free · no obligation
Your answers go to our team and the agency you’re matched with, and nowhere else.
More on surrogacy:
What is a surrogate mother? · Gestational vs traditional surrogacy · Surrogate health insurance · Surrogacy statistics · Glossary
Nearby states: Minnesota · Iowa · Wisconsin
This page is general information, not medical, legal, or tax advice. North Dakota’s abortion law has changed repeatedly in recent years and the position described here should be checked against current law. Speak to a North Dakota reproductive attorney before signing any agreement, and to a CPA before receiving compensation.