Section 12.1-36.1-02 does not apply:

Terms Used In North Dakota Code 12.1-36.1-03

  • Female: means a girl, woman, or an individual whose biological reproductive system is developed to produce ova. See North Dakota Code 1-01-49
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Male: means a boy, man, or an individual whose biological reproductive system is developed to produce sperm. See North Dakota Code 1-01-49
  • Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49

1.    To the good-faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development, including:

a.    A minor with external biological sex characteristics that are irresolvably ambiguous, including having forty-six, XX chromosomes with virilization, forty-six, XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or

b.    When a physician otherwise has diagnosed a disorder of sexual development in which the physician, through genetic testing, has determined the minor does not have the normal sex chromosome structure for a male or female; or

2.    If performance or administration of the medical procedure on the minor began before April 21, 2023.