§ 30.1-04-20 — (2-121) Parent-child relationship - Child born to a gestational carrier

c. "Third-party donor" means an individual who produces eggs or sperm used for
assisted reproduction, whether or not for consideration. The term does not
include a husband who provides sperm, or a wife who provides eggs, that are
used for assisted reproduction by the wife; the birth mother of a child of assisted
reproduction; or an individual who is determined under subsection 5 or 6 to have
a parent-child relationship with a child of assisted reproduction.
2. A parent-child relationship does not exist between a child of assisted reproduction and
a third-party donor.
3. A parent-child relationship exists between a child of assisted reproduction and the
child's birth mother.
4. Except as otherwise provided in subsections 9 and 10, a parent-child relationship
exists between a child of assisted reproduction and the husband of the child's birth
mother if the husband provided the sperm that the birth mother used during his lifetime
for assisted reproduction, and the husband is the genetic father of the child.
5. A birth certificate identifying an individual other than the birth mother as the other
parent of a child of assisted reproduction presumptively establishes a parent-child
relationship between the child and that individual.
6. Except as otherwise provided in subsections 7, 9, and 10, and unless a parent-child
relationship is established under subsection 4 or 5, a parent-child relationship exists
between a child of assisted reproduction and an individual other than the birth mother
who consented to assisted reproduction by the birth mother with intent to be treated as
the other parent of the child. Consent to assisted reproduction by the birth mother with
intent to be treated as the other parent of the child is established if the individual:
a. Before or after the child's birth, signed a record that, considering all the facts and
circumstances, evidences the individual's consent; or
b. In the absence of a signed record under subdivision a, functioned as a parent of
the child no later than two years after the child's birth; intended to function as a
parent of the child no later than two years after the child's birth but was prevented
from carrying out that intent by death, incapacity, or other circumstances; or
intended to be treated as a parent of a posthumously conceived child if that intent
is established by clear and convincing evidence.
7. For purposes of subdivision a of subsection 6, neither an individual who signed a
record more than two years after the birth of the child, nor a relative of that individual
who is not also a relative of the birth mother, inherits from or through the child unless
the individual functioned as a parent of the child before the child reached the age of
majority.
8. For purposes of subdivision b of subsection 6, if the birth mother is married and no
divorce proceedings are pending or if the birth mother is a surviving spouse and at her
deceased spouse's death no divorce proceedings were then pending then, in the
absence of clear and convincing evidence to the contrary, her spouse or deceased
spouse is deemed to have satisfied subdivision b of subsection 6.
9. If a married couple are divorced before placement of eggs, sperm, or embryos, a child
resulting from the assisted reproduction is not a child of the birth mother's former
spouse, unless the former spouse consented in a record that if assisted reproduction
were to occur after divorce, the child would be treated as the former spouse's child.
10. If, in a record, an individual withdraws consent to assisted reproduction before
placement of eggs, sperm, or embryos, a child resulting from the assisted reproduction

is not a child of that individual, unless the individual subsequently satisfies the
requirements of subsection 6.
11. If, under this section, an individual is a parent of a child of assisted reproduction who is
conceived after the individual's death, the child is treated as in gestation at the
individual's death for purposes of subdivision b of subsection 1 of section 30.1-04-04 if
the child is in utero not later than thirty-six months after the individual's death; or born
not later than forty-five months after the individual's death.
30.1-04-20. (2-121) Parent-child relationship - Child born to a gestational carrier.
1. In this section:
a. "Gestational agreement" means an enforceable or unenforceable agreement for
assisted reproduction in which a woman agrees to carry a child to birth for an
intended parent, intended parents, or an individual described in subsection 5.
b. "Gestational carrier" means a woman who is not an intended parent and who
gives birth to a child under a gestational agreement. The term is not limited to a
woman who is the child's genetic mother.
c. "Gestational child" means a child born to a gestational carrier under a gestational
agreement.
d. "Intended parent" means an individual who entered into a gestational agreement
providing that the individual will be the parent of a child born to a gestational
carrier by means of assisted reproduction. The term is not limited to an individual
who has a genetic relationship with the child.
2. A parent-child relationship is conclusively established by a court order designating the
parent or parents of a gestational child.
3. A parent-child relationship between a gestational child and the child's gestational
carrier does not exist unless the gestational carrier is:
a. Designated as a parent of the child in a court order described in subsection 2; or
b. The child's genetic mother and a parent-child relationship does not exist with an
individual other than the gestational carrier under this section.
4. In the absence of a court order under subsection 2, a parent-child relationship exists
between a gestational child and an intended parent who:
a. Functioned as a parent of the child no later than two years after the child's birth;
or
b. Died while the gestational carrier was pregnant if:
(1) There were two intended parents and the other intended parent survived the
birth of the child and functioned as a parent of the child no later than two
years after the child's birth;
(2) There were two intended parents, the other intended parent also died while
the gestational carrier was pregnant, and a relative of either deceased
intended parent or the spouse or surviving spouse of a relative of either
deceased intended parent functioned as a parent of the child no later than
two years after the child's birth; or
(3) There was no other intended parent and a relative of or the spouse or
surviving spouse of a relative of the deceased intended parent functioned as
a parent of the child no later than two years after the child's birth.
5. In the absence of a court order under subsection 2, a parent-child relationship exists
between a gestational child and an individual whose sperm or eggs were used after
the individual's death or incapacity to conceive a child under a gestational agreement
entered into after the individual's death or incapacity if the individual intended to be
treated as the parent of the child. The individual's intent can be shown by:
a. A record, signed by the individual that, considering all the facts and
circumstances, evidences the individual's intent; or
b. Other facts and circumstances establishing the individual's intent by clear and
convincing evidence.

6. Except as otherwise provided in subsection 7, and unless there is clear and convincing
evidence of a contrary intent, an individual is deemed to have intended to be treated
as the parent of a gestational child for purposes of subdivision b of subsection 5 if:
a. The individual, before death or incapacity, deposited the sperm or eggs that were
used to conceive the child;
b. When the individual deposited the sperm or eggs, the individual was married and
no divorce proceedings were pending; and
c. The individual's spouse or surviving spouse functioned as a parent of the child
not later than two years after the child's birth.
7. The presumption under subsection 6 does not apply if there is a court order under
subsection 2 or a signed record that satisfies subdivision a of subsection 5.
8. If, under this section, an individual is a parent of a gestational child who is conceived
after the individual's death, the child is treated as in gestation at the individual's death
for purposes of subdivision b of subsection 1 of section 30.1-04-04 if the child is in
utero not later than thirty-six months after the individual's death or born not later than
forty-five months after the individual's death.
9. This section does not affect other law of this state regarding the enforceability or
validity of a gestational agreement.