Minnesota surrogacy laws & gestational process guidelines

Is Gestational Surrogacy Legal in Minnesota?

Yes. Gestational surrogacy is permitted because no statute or published case law prohibits it. Minnesota has no statutes or published case law specifically permitting or prohibiting surrogacy. Therefore, gestational surrogacy is legal, and many intended parents have been successful in pursuing surrogacy to build their families. Although this guide can provide a better understanding of the general rules and regulations of surrogacy in Minnesota, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.

Is Traditional Surrogacy Legal in Minnesota?

Yes. Traditional surrogacy is not addressed in the state’s surrogacy statutes and is not statutorily prohibited. Traditional surrogacy is usually handled with a stepparent adoption after the baby is born, as the surrogate is considered “the birth parent” in this situation.

Is Compensated Surrogacy Legal in Minnesota?

Yes. There are no surrogacy laws in Minnesota regulating the amount of compensation that a surrogate can receive for her services; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Minnesota Surrogacy Contract

There are no state regulations that address the process of creating surrogacy agreements in Minnesota. Intended parents and surrogates must work with separate surrogacy attorneys to ensure both parties’ rights and interests are protected. These attorneys will negotiate an agreement that addresses at least the following:

• The rights and responsibilities of each party
• Any potential risks and liabilities and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance
• Agreements on sensitive issues, like selective reduction and termination
• Contact expectations during and after the surrogacy process

Determining Legal Parentage in Minnesota

Pre-birth parentage orders are generally granted throughout the state, regardless of marital status, sexual orientation, or genetic connection to the child. However, the availability of pre-birth orders can vary by county and judge. If a pre-birth order is not granted, intended parents may need to complete a post-birth adoption to establish their parental rights.