Surrogacy in Minnesota

Gestational Surrogacy in Minnesota

Surrogacy is legal in Minnesota. Gestational surrogacy is practiced in Minnesota as no statute or published case law prohibits surrogacy. Surrogacy is available to intended parents regardless of marital status as long as there is some genetic connection.

Understanding Surrogacy Laws in Minnesota

Legal Parentage

The process for legal parentage in Minnesota varies on a county and even judge basis. Many Minnesota courts in several counties will grant pre-birth declaratory judgments. Others will enter interim orders pre-birth and then a final order-post-birth. Furthermore, regardless of the process, a hearing is oftentimes required by the presiding judge meaning that all parties should anticipate remaining in Minnesota until the necessary legal work is completed.

Causing even more variability is the process for obtaining parentage for a non-genetic parent. Although a pre- or post-birth parentage order for a non-genetic parent may be entered similar to that discussed above, it is also possible that the non-genetic parent will need to obtain a second parent adoption post-birth to confer parental rights. While the optics of this is not ideal, as it is the intended parents’ child, it is a critical step to ensure that all intended parents have equal legal rights to their child. The second parent adoption is typically completed quickly after birth in conjunction with the other post-birth legal proceedings in order to ensure both parents are named on the birth certificate.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Minnesota Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn't followed, ensuring legal parentage.

Common Questions About Minnesota Surrogacy Law

Do You Need a Medical Need for Surrogacy in Minnesota?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Minnesota if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Minnesota permits married couples, partners, and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Minnesota, at least one parent needs to have a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Minnesota?

International parents can pursue surrogacy in Minnesota. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Minnesota allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Minnesota. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Minnesota?

It depends. Either the Intended Parents or the Gestational Carrier should reside in Minnesota.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

No, Minnesota does not have any written laws pertaining to the rights of surrogates. Learn more about surrogate rights.

DISCLAIMER: The information in this blog does not constitute legal advice and should not be construed as such. The information contained is strictly for informational purposes only. ConceiveAbilities does not represent or warrant the content to be error-free.