Title 14 — Domestic Relations and Persons

1. Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with sections 14-20-25 through 14-20-35 and the results disclose that: a. The man has at least a ninety-nine percent probability of paternity, using a prior probability …

1. Subject to assessment of costs under sections 14-20-36 through 14-20-58, the cost of initial genetic testing must be advanced: a. By a support enforcement agency in a proceeding in which the support enforcement agency is providing services; b. By the individual who made the re…

The court or the support enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under section 14-20-29, the court or agency …

1. Subject to subsection 2, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing: a.…

For good cause shown, the court may order genetic testing of a deceased individual.

1. The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. 2. If each brother satisfies the requiremen…

The report of genetic testing for parentage is confidential. An individual who knowingly releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the i…

A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the North Dakota Rules of Civil Procedure.

Subject to sections 14-20-11 through 14-20-24 and sections 14-20-42 and 14-20-44, a proceeding to adjudicate parentage may be maintained by: 1. The child; 2. The mother of the child; 3. A man whose paternity of the child is to be adjudicated; 4. The support enforcement agency; 5.…

The following individuals must be joined as parties in a proceeding to adjudicate parentage: 1. The mother of the child; and 2. A man whose paternity of the child is to be adjudicated.

1. An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. 2. A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conserv…

Venue for a proceeding to adjudicate parentage is in the county of this state in which: 1. The child resides or is found; 2. The respondent resides or is found if the child does not reside in this state; or 3. A proceeding for probate or administration of the presumed or alleged …

1. Except as otherwise provided in subsection 2, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than two years after the birth of the child. 2. A proceeding s…

1. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged f…

1. If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under section 14-20-17 or…

1. Except as otherwise provided in subsection 2, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or…

A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: 1. Service of process; 2. Discovery; and 3. Except as prohibited by s…

1. A minor child is a permissible party, but is not a necessary party to a proceeding under sections 14-20-36 through 14-20-58. 2. The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests…

1. Except as otherwise provided in subsection 3, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen days after its receipt by the objecting party and cites specifi…

1. An order for genetic testing is enforceable by contempt. 2. If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual. 3. Genet…

1. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. 2. If the court finds that the admission of paternit…

1. In a proceeding under sections 14-20-36 through 14-20-58, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: a. A presumed father of the child; b. Petitioning to have his paternity adjudicate…

The court shall apply the following rules to adjudicate the paternity of a child: 1. The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or ide…

The court, without a jury, shall adjudicate paternity of a child.

1. On request of a party and for good cause shown, the court may close a proceeding under sections 14-20-36 through 14-20-58. 2. A final order in a proceeding under sections 14-20-36 through 14-20-58 is available for public inspection. Other papers and records are available only …

The court shall issue an order adjudicating the paternity of a man who: 1. After service of process, is in default; and 2. Is found by the court to be the father of a child.

The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.

1. The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. 2. An order adjudicating parentage must identify the child by name and date of birth. 3. The order must include the social security numbers of the child a…

1. Except as otherwise provided in subsection 2, a determination of parentage is binding on: a. All signatories to an acknowledgment or denial of paternity as provided in sections 14-20-11 through 14-20-24; and b. All parties to an adjudication by a court acting under circumstanc…

1. As used in this section, "former parent" means an acknowledged father who successfully rescinded or challenged an acknowledgment of paternity under this chapter, a presumed father whose parentage was successfully rebutted under this chapter, or an adjudicated father whose pare…

Sections 14-20-59 through 14-20-65 do not apply to the birth of a child conceived by means of sexual intercourse.

A donor is not a parent of a child conceived by means of assisted reproduction.

A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in section 14-20-62 with the intent to be the parent of her child, is a parent of the resulting child. Parentage of a child born to a gestational carrier is governed by chapter 14-18.

1. 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 the woman and the man. This requirement does not apply to a donor. 2. Failure by a man to sign a consent required by subsection 1, befo…

1. Except as otherwise provided in subsection 2, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless: a. Within two years after learning of the birth of the child he commences a proceeding to adjud…

1. If a marriage is dissolved before 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 t…

If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were …

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

The purpose of this chapter is to protect and promote human life and maternal health when the performance of an abortion is not otherwise prohibited by law. This chapter reaffirms the tradition of the state of North Dakota to protect every human life whether unborn or aged, healt…

As used in this chapter: 1. "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one or more unborn chil…

1. The department of health and human services shall publish in English, and in every other language that the department determines is the primary language of a significant number of state residents, the following easily comprehensible printed materials: a. Geographically indexed…

The department of health and human services shall prepare an abortion compliance report form and an abortion data report form to be used by the physician for each abortion performed, as required by section 14-02.1-07. The abortion compliance report form must include a checklist d…

1. A physician may not perform an abortion unless before such performance the physician certified in writing that the woman gave her informed consent as defined and provided in section 14-02.1-02 and shall certify in writing the pregnant woman's marital status and age based upon …

Any person upon whom an abortion has been performed without informed consent as required by sections 14-02.1-02, 14-02.1-02.1, subsection 1 of section 14-02.1-03, 14-02.1-03.2, and 14-02.1-03.3 may maintain an action against the person who performed the abortion for ten thousand …

In every proceeding or action brought under section 14-02.1-03.2, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted should be preserved from public disclosure if she does not give her consent to such disclosure. The court, upo…

1. Any abortion facility that performs abortions shall display signs that contain exclusively the following words: "NOTICE: No one can force you to have an abortion. It is against the law for a spouse, a boyfriend, a parent, a friend, a medical care provider, or any other person …

1. For purposes of this chapter, an abortion accomplished by the use of an abortion-inducing drug is deemed to occur when the drug is prescribed, in the case of a prescription, or when the drug is administered directly to the woman by the physician. 2. It is unlawful to knowingly…

1. An abortion may not be performed by any individual other than a physician who is using applicable medical standards and who is licensed to practice in this state. All physicians performing abortion procedures must have admitting privileges at a hospital located within thirty m…

Repealed by S.L. 2023, ch. 122, § 11.

An abortion of a viable child may be performed only when there is in attendance a physician other than the physician performing the abortion who shall take control and provide immediate medical care for the viable child born as a result of the abortion. The physician performing i…