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.
Parentage
– 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
Birth Certificate Timeline
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
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
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
Birth Certificates
Passport Timeline
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
