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STATE SURROGACY LAW:

Minnesota Surrogacy Laws

Overview

Minnesota has no statutes or case law that restrict gestational surrogacy. Under the Minnesota Parentage Act (Minn. Stat. §§ 257.51-.74) the surrogate in a traditional surrogacy arrangement is the biological mother. But the court purposefully left it up to the legislature to make the determination as to surrogacy agreements in general, citing them being a matter of public policy (A.L.S. v. E.A.G., 2010 Minn. App. Unpub. LEXIS 1091).

Traditional surrogacy is also not addressed, but procedures for establishing parentage differ. 

Types of Surrogacy Available in Minnesota

Can a parentage order be obtained for the following?

Although traditional surrogacy isn’t prohibited in Minnesota, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights. Establishing parentage tends to follow stepparent adoption proceedings following the child’s birth.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

NO

Altruistic surrogacy

YES

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections 💚 💚
One Genetic Connection 💛 💛 💛 💛 💚
No Genetic Connections VARIES VARIES VARIES VARIES VARIES
 Married Heterosexual CoupleMarried Same-Sex CoupleUnmarried Heterosexual CoupleUnmarried Same-Sex CoupleSingle
Two Genetic Connections💚 💚  
One Genetic Connection💛💛💛💛💚
No Genetic ConnectionsVARIESVARIESVARIESVARIESVARIES
Show Court Parentage Order Collapse

💚 – Both Intended Parent(s) can be named on the parentage order

💛 – Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

Some courts may require adoption proceedings to establish parentage in cases where there only one or no genetic connection to the child.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Mother or Father

Rights of Egg or Sperm Donor(s)

Under Minnesota Statue §257.62, subd. 5 (c), an egg, sperm, or embryo donor has no rights over the donated gametes or a resulting child.

Surrogacy Steps in Minnesota

Surrogacy Process in Minnesota

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Minnesota allow pre-birth declaratory orders to be filed for Intended Parent(s) who are genetically related to their child. Proceedings begin after the first trimester.

Delivery and birth certificate finalization

Post-birth order

Minnesota requires post-birth orders for Intended Parents who are not genetically related to their child.

Birth Certificate Timeline

Birth certificate

5-10 business days, more quickly if expedited

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Although there’s no statute or case law addressing surrogacy contracts, surrogacy contracts have been routinely recognized and enforced by the courts in Minnesota.

Independent Counsel

Independent counsel is recommended, but not required, for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Minnesota has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

VARIES

If hearing is required, do all parties need to attend?

VARIES

Pre-birth orders are available, but may depend on the discretion of the judge. In cases where a pre-birth order isn’t available, post-birth orders usually are. Minnesota requires post-birth orders for Intended Parents who are not genetically related to their child.

Bases of Venue

What are the bases of venue?

County where the surrogate lives; county where the baby is born

Do rulings vary by venue?

YES

Can you file a motion to waive venue?

VARIES

International Issues

International Intended Parent(s) may find doing surrogacy in Minnesota a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country. 

Residency Requirements

Does Minnesota have any residency requirements for out-of-state or International Intended Parents?

NO

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

YES

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Lynn Slaathaug Moen
Brudvik Law
231 9th Avenue SE 
Mayville, ND 58257  
701-786-6177
lynn@brudviklaw.com
www.brudviklaw.com

Michael Gjesdahl
Gjesdahl Law
1375 21st Avenue 
North Fargo, ND 58102 
(701) 237-3009
mike@gjesdahllaw.com
gjesdahllaw.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2019

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