Surrogacy contracts are void and unenforceable by the court of law. In cases where both the intended parents are also the genetic parents, they would be the only parents recognized to a child born through surrogacy.

State law does not define whether a surrogate can be reimbursed for expenses in excess of those incurred since surrogacy contracts are not enforceable in court.

The intended parents will be recognized as parents through surrogacy if they are the genetic parents regardless of their marital status.

In most cases, same sex couples would be excluded from surrogacy contracts that are enforceable by law in the state of North Dakota.