How Old Do You Have to Be to Get a Tattoo in North Dakota?

In North Dakota, you have to be 18 to get a tattoo on your own. If you’re under 18, you can still get one, but only if your parent or legal guardian is physically in the room and provides written consent. Cities and counties are allowed to set stricter rules, so the local ordinance where the shop sits can raise that bar further.

If You’re 18 or Older

Once you’re 18, no one else has to sign anything. You walk in, fill out whatever paperwork the shop asks every adult client to complete, and the artist can proceed. State law doesn’t require a chaperone, a waiting period, or additional consent for adults.

If You’re Under 18

State law requires two things before an artist can tattoo a minor: a parent or legal guardian must be present during the procedure, and that parent or guardian must give written consent.¹ Present means in the room. Not in the parking lot, not on the phone. Consent has to be written, not verbal.

The state administrative code also requires the parent or guardian to show proper identification before the procedure begins.² The rule doesn’t list exactly which documents qualify, so plan on a government-issued photo ID like a driver’s license. If the artist can’t verify that the adult with you is actually your parent or guardian, they have every reason to turn you away.

The shop also has to document the consent in your client record. The record must include your name, date of birth, address, the date and time, what was done, and the parent or guardian’s signature confirming they were present and consented.³

State law does not set an absolute floor below which a minor can never be tattooed. In other words, the statute itself doesn’t say “no one under 14” or “no one under 16.” Access below 18 turns on parental consent, local ordinances, and the artist’s willingness to do the work.

Local Rules Can Be Stricter

North Dakota specifically allows cities and counties to pass their own tattoo ordinances, as long as those rules are equal to or stricter than the state statute.¹ Bismarck, for instance, prohibits tattooing anyone under 16 outright, even with a parent’s consent.⁴

Before you drive to a shop, check the ordinance for the city or county where it’s located. What the state permits with parental consent, the local jurisdiction may not.

The Artist Can Still Say No

The administrative code explicitly states that nothing requires an operator to tattoo a minor even when the consent, presence, and ID requirements are met. Any shop can decline for any reason, and many set their own minimum ages well above what state law allows.

Tattoo Kits and Self-Tattooing

The age rule isn’t limited to professional shops. It’s a Class B misdemeanor in North Dakota to sell, trade, or give tattoo materials or self-tattooing kits to anyone under 18.¹ That applies to any seller, not just licensed artists, and it covers kits for branding, scarification, and body piercing as well.

What Happens if an Artist Ignores the Rules

Tattooing a minor without a parent or guardian present and without written consent is a Class B misdemeanor.¹ The only carve-out is for licensed healthcare professionals working within their scope of practice. A Class B misdemeanor carries up to 30 days in jail, a fine of up to $1,500, or both.⁵

The shop’s license is also on the line. The North Dakota Department of Health and Human Services can suspend a license temporarily for noncompliance, and revoke it permanently for repeated or serious violations after a hearing.² That’s a large part of why reputable shops are strict about checking IDs and confirming the adult in the room is who they say they are.

1
Justia Law. North Dakota Code Title 12.1, Chapter 12.1-31
2
North Dakota Legislative Branch. North Dakota Administrative Code 33-41-01 – Tattoo and Body Art
3
Legal Information Institute. North Dakota Administrative Code 33-41-01-05 – Client Records
4
City of Bismarck. Ordinance 6316 – Tattooing and Body Piercing of Minors
5
Justia Law. North Dakota Code Title 12.1, Chapter 12.1-32