30.1-04-19. (2-120) Parent-child relationship - Child conceived by assisted
reproduction other than a child born to a gestational carrier.
1. In this section:
a. "Birth mother" means a woman, other than a gestational carrier under section
30.1-04-20, who gives birth to a child of assisted reproduction. The term is not
limited to a woman who is the child's genetic mother.
b. "Child of assisted reproduction" means a child conceived by means of assisted
reproduction by a woman other than a gestational carrier under section
30.1-04-20.
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.
