North Dakota

The following is an overview of the laws of the state of North Dakota. It should not be used as legal advice and is provided as information only. Family Fairness does not warrant that this information is current or comprehensive.
Updated: 05/20/2009

Same-Sex Relationships

Performs Same-Sex Marriages
"Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential [. . . .] A spouse refers only to a person of the opposite sex who is a husband or a wife."		 No
Recognizes Out-of-State Same-Sex Marriage
"Except when residents of this state contract a marriage in another state which is prohibited under the laws of this state, all marriages contracted outside this state, which are valid according to the laws of the state or country where contracted, are valid in this state. This section applies only to a marriage contracted in another state or country which is between one man and one woman as husband and wife." N.D. CENT. CODE §14-03-08. 		No
Other Recognition: None
2004 Constitutional amendment: "Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent effect." 		No

 

Gay and Lesbian Adoption

Single LGBT Adoption
State law permits any unmarried adult to adopt. N.D. CENT. CODE § 14-15-03.
"A child-placing agency is not required to perform, assist, counsel, recommend, facilitate, refer or participate in a placement that violates the agency's written religious or moral convictions or policies." N.D. CENT. CODE §50-12-03.		 Yes
Joint Same-Sex Adoption
No explicit prohibition, and no state court has yet heard the issue.		 No
Gay or lesbian adoption of a partner's child
No explicit prohibition, and no state court has yet heard the issue.		 No

 

Housing Discrimination

Protections on the basis of sexual orientation
No explicit protections.		 No
Protections on the basis of gender identity
No explicit protections.		 No

 

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