Surrogate Pay in North Dakota (2026)

First-time surrogates in North Dakota earn $40,000–$55,000 base compensation plus monthly allowances. See full breakdown below.

Compensation

Surrogate Compensation in North Dakota

First-Time Surrogate

Base Compensation$40,000 – $55,000
Monthly Allowance$3,000 – $6,000
Maternity Clothing$1,000 – $2,000
Lost Wages$3,000 – $10,000
Total Potential$47,000 – $73,000

Experienced Surrogate

Base Compensation$50,000 – $70,000
Monthly Allowance$3,000 – $6,000
Maternity Clothing$1,000 – $2,000
Lost Wages$3,000 – $10,000
Total Potential$57,000 – $88,000
Estimated ranges based on average compensation in North Dakota. Actual compensation is determined by the agency. Sources: Industry surveys of 30+ agencies, 2024–2026 data.
Legal

North Dakota Surrogacy Laws

North Dakota has a short but express statute. N.D. Cent. Code §14-18-08 provides that a child born to a gestational carrier is the child of the intended parents, and that the carrier and her husband are not parents. Compensation is permitted and unregulated — no cap and no statutory limit on base pay — and pregnancy-related costs including labor and delivery are the intended parents' responsibility.

The gestational/traditional line is decisive here

§14-18-05 makes any agreement in which a woman agrees to be inseminated and surrender the child — traditional surrogacyvoid and unenforceable. In North Dakota this is not a technicality: it is the line between an enforceable arrangement and no contract at all. Confirm in writing that your arrangement is gestational and that you are contributing no eggs.

Parentage

Declaratory judgments naming both intended parents are readily obtained where at least one intended parent is genetically related, generally without a hearing, though availability is county-dependent. Where neither intended parent is genetically related, availability is unclear.

No protections for you in the statute

Chapter 14-18 sets no minimum age, prior-birth requirement, residency rule, mandated evaluation, insurance requirement or required contract terms. It does not require independent counsel or say who pays, and it contains no medical-autonomy protection or right to withdraw. Agency criteria here are policy, not law.

One separate constraint worth knowing. North Dakota law restricts abortion sought for sex selection or genetic abnormality. That is independent of your surrogacy contract, but it can limit your options mid-pregnancy regardless of what your agreement says. Raise it with your own attorney.

Source: N.D. Cent. Code §§14-18-05 and 14-18-08.

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Requirements

North Dakota Surrogate Requirements

The criteria below are agency screening standards, not state law. No statute here sets a minimum age, requires a prior birth, or mandates medical or psychological evaluation. Agencies apply these criteria (largely from ASRM practice guidance) and they determine whether your application proceeds — but they are policy, and some are negotiable.

Age: 21–40 years old
Have given birth to at least one healthy child
BMI under 32
Non-smoker
No disqualifying health conditions
U.S. citizen or permanent resident
Financially stable (not receiving government assistance)

Final eligibility is determined by the agency's medical team.

The Process

How Surrogacy Works in North Dakota

Apply

Complete application in 10–15 minutes. Agency contacts you within 48 hours.

Medical Screening

Physical exam, bloodwork, and uterine evaluation — paid for by the agency.

Match with Intended Parents

Review profiles and meet potential intended parents. You always have the right to say no.

Legal Contract

Surrogacy agreement reviewed by your own attorney, funded by the agency.

Embryo Transfer & Pregnancy

Monthly compensation begins immediately after transfer. All medical costs covered.

Delivery & Final Payment

Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.

FAQ

Surrogate FAQ: North Dakota

Is surrogacy legal in North Dakota?

Yes for gestational surrogacy, which North Dakota law expressly recognizes, with compensation unregulated. Traditional surrogacy, using your own egg, is void and unenforceable in North Dakota.

Do I have to live in North Dakota to be a surrogate here?

Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.

Is surrogate pay taxable in North Dakota?

Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for North Dakota-specific guidance.

How long does surrogacy take in North Dakota?

18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.

Compare States

Surrogate Pay by State

California
$67,000–$98,000
New York
$67,000–$98,000
Texas
$57,000–$83,000
Florida
$57,000–$83,000
Illinois
$57,000–$83,000
Colorado
$57,000–$83,000

Also exploring egg donation in North Dakota?

See Egg Donor Pay in North Dakota →

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