Purpose of the Bill

This bill is aimed at regulating surrogacy arrangements in Minnesota. It outlines laws concerning both traditional and gestational surrogacy, and creates a criminal offense for operating a for-profit surrogacy agency.

Main Provisions

• Definitions: The bill provides specific definitions related to surrogacy, such as "gestational surrogate," "intended parents," and "surrogacy agent."
• Traditional Surrogacy: Traditional surrogacy agreements are declared invalid, maintaining that the woman who gives birth retains custody until she voluntarily terminates her parental rights.
• Gestational Surrogacy Contracts: These contracts are enforceable if they meet specific criteria, including:
  • Separate legal counsel for the surrogate and intended parents.
  • Signed acknowledgment of rights and obligations by all parties.
  • The contract must be written, signed, notarized, and executed before medical procedures to initiate pregnancy begin.
  • The contract includes agreements on accepting custody and financial responsibilities for the resulting child(ren).
• Limitations of Contracts: Invalid contracts include those that:
  • Restrict the surrogate’s medical decision-making.
  • Require consent for pregnancy termination.
  • Offer compensation beyond actual medical expenses.

Significant Changes to Existing Law

• Traditional surrogacy arrangements are not legally recognized in Minnesota under this bill.
• Gestational surrogacy contracts become more structured with detailed requirements for validity.
• Prohibition on for-profit surrogacy agencies emphasizes regulation within the surrogacy process.

Relevant Terms

• Traditional Surrogacy
• Gestational Surrogacy
• Surrogacy Agency
• Intended Parents
• Gestational Surrogacy Contract