Purpose

This bill aims to regulate surrogacy arrangements in Minnesota. It seeks to ban traditional surrogacy as an invalid arrangement, establish strict rules for gestational surrogacy contracts, require separate legal representation for involved parties, and regulate surrogacy activities to prevent for-profit surrogacy agencies.

Main Provisions

• Traditional surrogacy

  • Traditional surrogacy arrangements and related contracts are invalid.
  • Parentage and custody stay with the woman who gives birth unless she later chooses to terminate parental rights.

• Gestational surrogacy contracts

  • A gestational surrogacy contract can be enforceable only if it meets specific, strict requirements.
  • Requirements include:
  • Separate legal counsel for the gestational surrogate and the intended parents in all matters related to the contract.
  • A written, signed, and (where required) notarized or witnessed contract before any pregnancy procedures begin (with certain exceptions for required evaluations).
  • An express agreement to transfer custody of the resulting child to the intended parents at birth.
  • Estate planning documents for custody and care if the intended parents die before the birth.
  • Full disclosure of how expenses will be covered, including health policy details and any potential liability or insurance considerations.
  • A requirement that embryo transfer be a single-embryo transfer.
  • The gestational surrogate’s express agreement to undergo embryo transfer and to surrender custody of all resulting children to the intended parents at birth.
  • If the gestational surrogate is married, the spouse’s express agreement to support and be bound by the contract and to surrender custody at birth (spouse’s consent to be bound is required; otherwise, the spouse is not a presumed parent).
  • The gestational surrogate’s right to choose her own physician.
  • A list of potential risks and side effects of hormone treatment and pregnancy with a non-genetically related child.
  • A prohibition on third-party beneficiaries other than the child; no assignable rights created by the agreement.

• Enforceability and parentage

  • If a gestational surrogacy contract cannot be enforced under the bill’s requirements, Minnesota law (chapter 257E and related statutes) will be used to determine parentage.

• Contract content and conduct

  • A contract is enforceable even if it includes provisions that require the gestational surrogate to undergo medical and fetal monitoring as recommended by her physician, and to abstain from activities deemed harmful to the pregnancy by medical professionals.
  • The bill allows the intended parents to cover reasonable expenses for the surrogate and child’s medical costs, and requires disclosure of health coverage details and any possible liability.

• Prohibited or invalid terms

  • Terms that improperly limit the surrogate’s medical decision-making, require termination or selective reduction, cap or deny cost recovery beyond actual expenses, or provide compensation beyond actual expenses are invalid or unenforceable.
  • If a pregnancy is not successful, or if terms attempt to pay more than actual expenses, those clauses are not allowed.
  • If the gestational surrogate marries after signing, the spouse’s consent is not required for the contract, and the spouse is not a presumed parent.
  • Any party may invalidate the gestational surrogacy contract at any time before embryo implantation for any reason or for no reason, and damages are not owed (except in cases of fraud).

• Surrogacy agents

  • The bill defines a surrogacy agent as someone who connects intended parents with potential gestational surrogates, but it excludes licensed attorneys whose services are limited to representation during contract creation and performance.

• For-profit surrogacy agency

  • The bill introduces a crime-related component targeting the operation of for-profit surrogacy agencies (as indicated in the title and scope).

Changes to Minnesota Law

• Creates new definitions and rules specific to surrogacy in Minnesota Statutes, notably in chapters 257.90 through 257.98.
• Establishes formal terms for gestational surrogacy contracts, including required counseling, written agreements, and specific enforceability criteria.
• Sets out how parentage is determined when gestational surrogacy contracts can or cannot be enforced under these rules.
• Introduces restrictions and protections around compensation, expenses, medical decisions, and the involvement of spouses.
• Defines the role of a surrogacy agent and clarifies the status of for-profit surrogacy agencies.

Potential Impacts and Considerations

• Greater legal clarity on parentage and custody in surrogacy cases.
• Stronger protections for gestational surrogates and a higher burden of formal process (counsel, written contracts, disclosures).
• Potentially reduced use of surrogacy via for-profit agencies and increased costs and complexity for intended parents.
• Traditional surrogacy would be prohibited, shifting arrangements toward gestational surrogacy with stricter controls.

Relevant Terms - traditional surrogacy - gestational surrogacy - gestational surrogacy contract - gestational surrogate - intended parents - embryo transfer - in vitro fertilization - embryo - gamete - donor - single-embryo transfer - surrogate consent - separate legal counsel - surrogacy agent - Minnesota Statutes chapter 257 - Minnesota Statutes chapter 257E - for-profit surrogacy agency - parentage - custody - medical evaluation - mental health evaluation - disclosure - compensation (actual expenses vs. other payments)