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Is Surrogacy Legal in Minnesota?

Surrogacy Law in Minnesota

Minnesota Surrogacy Law: Types of Surrogacy

In Minnesota, gestational surrogacy is permitted, because there is no statute or case law that prohibits it.

Traditional (genetic) surrogacy is not addressed in any statutes or case law but is typically handled by completing a step-parent adoption after birth. A single unpublished Appeals case has deemed a surrogate the mother of a child, but the vast majority of the time the intended parents can eventually claim parenthood legally.

Are There Surrogate Requirements in Minnesota?

No specific legal requirements exist to serve as a gestational surrogate in the state of Minnesota.

Does Minnesota Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Many courts in Minnesota do grant pre-birth orders, but not all will. Minnesota does not have a statute that governs surrogacy or that outlines parentage procedures following surrogacy or other assisted reproduction. As a result, such approval is not a given.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

  • Married heterosexual couples, using their own egg and own sperm

For this category, pre-birth order issuance varies by county and by court.

Maybe

  • Married heterosexual couples, using a sperm or egg donor
  • Unmarried heterosexual couples, using their own egg and own sperm
  • Unmarried heterosexual couples, using an egg or sperm donor
  • Same sex couples, using an egg or sperm donor
  • Single parents using an egg or sperm donor

For these groups, pre-birth order issuance varies by county and by court.

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

  • There are no conditions in counties where judge will allow a pre-birth order to issue

Maybe

  • Married heterosexual couples
  • Unmarried heterosexual couples
  • Same sex couples
  • Single parents

 

For these groups, pre-birth order issuance varies by county and by court.

Whose names go on the birth certificate in Minnesota?

Same-sex parents are listed on a birth certificate as “parent and parent.”

With all couples or single parents, we usually are able to obtain a stay of the issuance of the birth record if the parentage order is not issued pre-birth and thereby avoid having to amend the birth certificate.

International same-sex male couples can receive an initial birth certificate naming the biological father and the gestational carrier. Amendments can be made to the birth certificate that name both fathers without the gestational carrier. This process can be expedited solely by the child being born in Minnesota.

Surrogacy Conditions for Same-Sex Couples in Minnesota

There really are no conditions to worry about. Same-sex couples, whether married or not, are treated the same as heterosexual couples, married or not.

Are There Options for Unmarried Intended Parents in the state of Minnesota?

These will be considered on a case by case basis and varies from county to county. A showing of relationship stability is critical.

Egg Donation Law

Minn. Stat. §257.62, subd. 5 (c) stipulates that a donor of genetic material for assisted reproduction for the benefit of a recipient parent, be it sperm or ovum, cannot claim to be the child’s biological or legal parent.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Minnesota*

Gary A. Debele
Attorney
Direct: 612.672.3667
Assistant: Amy A. Stewart
Direct: 612.672.3658

Messerli Kramer
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402
www.messerlikramer.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.