North Dakota state law declares all surrogate agreements void. Under N.D. CENT. CODE § 14-18-05, any agreement in which a woman agrees to become a surrogate or agrees to relinquish her rights and duties as parent of a child conceived through assisted conception is void.
The law states that a surrogate shall be the mother of a resulting child. The surrogate’s husband, if he was a party to the agreement, shall be the father of the child. Where the surrogate’s husband was not a party to the agreement or if the surrogate is unmarried, paternity of the child shall be entitled to be protected under N.D. CENT. CODE § 14-20-05.