What if a judge won’t grant a pre-birth order?
In those rare instances where a judge refuses to grant parties a pre-birth order, there are other avenues to legally establish the parent-child relationship between the intended parents and the child.
Even without a pre-birth order, North Dakota’s Division of Vital Statistics will normally provide a birth certificate identifying the intended parents as the child’s only parents.  It needs to be provided three documents: (1) the Gestational Carrier Agreement; (2) a letter from the lawyer who drafted the agreement; and (3) a letter from the doctor who performed the in vitro fertilization process and confirmed the resulting pregnancy.