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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 A single unpublished Appeals case has deemed a surrogate the mother of a child, but the vast majority of the time the intended parents can eventually claim parenthood legally.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:


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


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:




Whose names go on the birth certificate in Minnesota?

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

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

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

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, can’t 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*

* 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.