Establishing Paternity for a Child Conceived Through Assisted Reproduction in North Dakota
In North Dakota, the legal framework for establishing paternity for a child conceived through assisted reproduction is outlined in the North Dakota Century Code. The relevant sections include Chapter 14-20, which pertains to the Uniform Parentage Act, and Chapter 14-18, which addresses the Uniform Status of Children of Assisted Conception Act.
Parental Status of Donor
According to Section 14-20-60 (702) of the North Dakota Century Code, a donor is not considered a parent of a child conceived by means of assisted reproduction. This means that an individual who donates eggs or sperm for the purpose of assisted reproduction does not have legal parental rights or responsibilities for any resulting child.
Paternity of Child of Assisted Reproduction
The Section 14-20-61 (703) of the North Dakota Century Code provides that a man who provides sperm for, or consents to, assisted reproduction by a woman with the intent to be the parent of her child, is legally recognized as a parent of the resulting child. This section underscores the importance of intent in determining paternity in cases of assisted reproduction.
Consent to Assisted Reproduction
Section 14-20-62 (704) stipulates that consent by a woman, and a man who intends to be a parent of a child born to the woman by assisted reproduction, must be in a record signed by both parties. This requirement does not apply to a donor. Failure by a man to sign a consent does not preclude a finding of paternity if the woman and the man, during the period of the woman’s pregnancy, resided together in the same household and held out to the public that the man is the father of the child.
Effect of Dissolution of Marriage or Withdrawal of Consent
According to Section 14-20-64 (706), if a marriage is dissolved before the placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
Surrogate Agreements
Section 14-18-05 of the North Dakota Century Code states that any agreement in which a woman agrees to become a surrogate or to relinquish her rights and duties as a parent of a child conceived through assisted conception is void. The surrogate is the mother of a resulting child and the surrogate’s husband, if a party to the agreement, is the father of the child. If the surrogate’s husband is not a party to the agreement or the surrogate is unmarried, paternity of the child is governed by Chapter 14-20.
In conclusion, paternity can indeed be established for a child conceived through assisted reproduction in North Dakota. The key factors in determining paternity include the intent of the parties involved, the signing of consent forms, and the marital status of the parties at the time of the assisted reproduction procedure.