North Dakota

Restriction reported

Century Code definitions tie sex, male and female to reproductive biology at birth across state law

Laws cited: N.D. Cent. Code § 1-01-49(8), (11), (28) (2023 N.D. Laws, H.B. 1474); N.D. Cent. Code § 1-01-34(2) (2025 N.D. Laws, H.B. 1181)
In effect since: August 1, 2023
Instrument: Statute
Litigation: No challenge to § 1-01-49 or § 1-01-34 was found. The reported transgender-rights litigation in North Dakota concerns the ban on gender-affirming care for minors (H.B. 1254), which the ND Supreme Court upheld in September 2026.
Researched: September 22, 2026 (Date of the primary-source research; not a legal effective date)

From the source text

"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.

Sources

Policy sources

Researched from primary sources

Trans Data Initiative research. Researched from primary sources (enacted text, the code on official sites, executive orders, court orders), starting from the Trans Data Initiative legislation tracker's bills. Each determination was checked independently by a second researcher; disputes were settled by a third review. No other tracker's descriptions were used.

A record is what a source reported on the date it was captured, not a legal effective date. An unobserved record is not a finding that no restrictions exist.

Dated records for North Dakota in this area

August 1, 2023 Reviewed primary source

Century Code definitions tie sex, male and female to reproductive biology at birth across state law

N.D. Cent. Code § 1-01-49(8), (11), (28) (2023 N.D. Laws, H.B. 1474); N.D. Cent. Code § 1-01-34(2) (2025 N.D. Laws, H.B. 1181)

Date basis: Effective date in the primary source. Researched September 22, 2026.

Inspect date source(opens another site)PDF, external · N.D. Cent. Code ch. 1-01 (§§ 1-01-34, 1-01-49), official text(opens another site)PDF, external · H.B. 1474 (2023) bill overview, signed; filed with Secretary of State 05/09/2023(opens another site) · H.B. 1181 (2025) bill overview, signed 04/23/2025(opens another site)