Minnesota Surrogacy Laws

Is Surrogacy Legal 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.

Who Can Pursue Surrogacy in Minnesota?

• Marital Status: Minnesota permits married couples, partners, and single individuals to pursue surrogacy.
• Genetic Connection: In Minnesota, at least one parent needs to have a genetic connection to the embryo.
• LGBTQIA+ Individuals: Minnesota allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.
• International Intended Parents: International parents can pursue surrogacy in Minnesota. Learn more about becoming a parent with international family building.

What Is the Process for Establishing Legal Parentage in Minnesota?

The process for legal parentage in Minnesota varies on a county and even judge basis. 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.

• Pre-Birth Orders: Many Minnesota courts in several counties will grant pre-birth declaratory judgments.
• Post-Birth Orders: Others will enter interim orders pre-birth and then a final order-post-birth.
• Non-Genetic Parents: 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.

Are There Medical Requirements for Pursuing 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.

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 Residency Requirements for Intended Parents or Surrogates in Minnesota?

Either the intended parents or the gestational carrier should reside in Minnesota.

Are There Specific Laws Protecting the Rights of Gestational Carriers in Minnesota?

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

What Should Be Included in a Gestational Carrier Agreement (GCA) or Surrogacy Agreement in Minnesota?

A comprehensive agreement should cover:

• Legal Rights and Responsibilities: Clearly define the roles and expectations of all parties.
• Medical Considerations: Outline procedures, medical care, and decision-making processes.
• Financial Aspects: Detail compensation, reimbursement of expenses, and financial responsibilities.
• Future Contact: Specify any agreements regarding future contact between the surrogate and the child.

It’s crucial to work with experienced legal professionals to draft and review the agreement.

What Legal Terms Should I Be Familiar With in Minnesota Surrogacy?

• Surrogacy: Surrogacy is a modern and growing means of bringing new life into the world, where a woman carries a baby for another person or a couple. The intended parents typically undergo IVF meaning fertilization outside of the body, to transfer their embryo into the surrogate’s uterus. Learn more about American Society of Reproductive Medicine (ASRM) surrogacy recommendations.
• Gestational Surrogacy: Gestational surrogacy is the most common surrogacy practiced today. The surrogate is not genetically or legally related to the baby and is usually compensated for her time and service by the intended parents. Most surrogacy agencies exclusively practice gestational surrogacy. Learn more about What Is A Surrogate?.
• Traditional Surrogacy: A traditional surrogate uses her own egg meaning she is biologically related to the child, while a gestational carrier is not genetically related. This typically means the embryo is created through IVF with the surrogate’s eggs and Intended Father’s or donor’s sperm. In lieu of IVF, parties could also perform Intrauterine Insemination (“IUI”) with the Intended Father’s or donor’s sperm. This is not common in modern family building and rarely practiced today. Learn more about the differences between gestational surrogacy and traditional surrogacy.
• Altruistic Surrogacy: Altruistic surrogacy, sometimes referred to as compassionate surrogacy, is when the surrogate is not financially compensated beyond reimbursement of medical and other pregnancy-related expenses for carrying a child. Many times this is when a friend or relative is the surrogate.
• Intended Parents: The intended parent or parents is the individual or a couple who partner with a surrogate to carry and give birth to a child on the intended parent’s behalf. There are many reasons people choose surrogacy to make their dream of a family come true including infertility, medical reasons, and non-medical reasons.
• Gestational Surrogate: A gestational surrogate is a woman who carries a child for someone who cannot. The surrogate mother undergoes IVF to have an embryo that has no genetic relation to her transferred and she carries the baby to term for the Intended Parent(s). The embryo can be created by both the parents’ egg and sperm or with an egg donor and/or a sperm donor. In modern surrogacy with a gestational surrogate, her egg is not used. Minnesota is a surrogacy friendly state. Learn more about becoming a surrogate in Minnesota.
• Compensation: Gestational carrier compensation can include medical, legal, and living expenses. Learn more about surrogate pay.