{"data":{"id":"us-nd/n.d.-cent.-code-30.1-04-20","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 30.1-04-20","heading":"(2-121) Parent-child relationship - Child born to a gestational carrier","body":"1.In this section:\na.\"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.\nb.\"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.\nc.\"Gestational child\" means a child born to a gestational carrier under a gestational agreement.\nd.\"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.\n2.A parent-child relationship is conclusively established by a court order designating the parent or parents of a gestational child.\n3.A parent-child relationship between a gestational child and the child's gestational carrier does not exist unless the gestational carrier is:\na.Designated as a parent of the child in a court order described in subsection 2; or\nb.The child's genetic mother and a parent-child relationship does not exist with an individual other than the gestational carrier under this section.\n4.In the absence of a court order under subsection 2, a parent-child relationship exists between a gestational child and an intended parent who:\na.Functioned as a parent of the child no later than two years after the child's birth; or\nb.Died while the gestational carrier was pregnant if:\n(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;\n(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\n(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.\n5.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:\na.A record, signed by the individual that, considering all the facts and circumstances, evidences the individual's intent; or\nb.Other facts and circumstances establishing the individual's intent by clear and convincing evidence.\n6.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:\na.The individual, before death or incapacity, deposited the sperm or eggs that were used to conceive the child;\nb.When the individual deposited the sperm or eggs, the individual was married and no divorce proceedings were pending; and\nc.The individual's spouse or surviving spouse functioned as a parent of the child not later than two years after the child's birth.\n7.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.\n8.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.\n9.This section does not affect other law of this state regarding the enforceability or validity of a gestational agreement.","path":["Title 30.1 Uniform Probate Code","Chapter 30.1-04 Intestate Succession"],"source_url":"https://ndlegis.gov/cencode/t30-1c04.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"5facaae90b998a78df19a7ce28c47040f8272f81f1372c169745d78f0803ee18","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-30.1-04-19","next":"us-nd/n.d.-cent.-code-30.1-04-21"},"notice":"GroundRules: Original legal text. Not legal advice."}