Minnesota Surrogacy: Laws & Complete Guide
General Surrogacy context in Minnesota
- Is gestational and traditional surrogacy legal in Minnesota?
- What specific surrogacy requirements apply in Minnesota, if any?
- What must be included in a legally valid Minnesota surrogacy contract?
- What factors influence the cost of surrogacy in Minnesota, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Minnesota compared to other states?
- How friendly is LGBTQ+ surrogacy in Minnesota?
Is 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.
Statutory & case-law breakdown In Minnesota
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 the following guide can give you 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.
Below is a list of some of the most frequently asked questions about surrogacy in Minnesota.
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
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Minnesota
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Minnesota
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Minnesota?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Minnesota
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.
Most Common FAQ about surrogacy in Minnesota
Below is a list of some of the most frequently asked questions about surrogacy in Minnesota:
Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Minnesota?
Yes. Surrogacy contracts are generally enforceable in Minnesota, provided they are drafted properly and all parties have independent legal representation. While there are no specific statutes governing surrogacy contracts, courts have upheld them in the past.
Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Minnesota?
No. International intended parents are subject to the same Minnesota laws as domestic intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
When Do Intended Parents Need to Complete an Adoption After Birth?
If a pre-birth order is not granted, intended parents may need to complete a post-birth adoption to establish their parental rights. This is especially true in cases where there is no genetic connection between the intended parent and the child.
Does Minnesota Allow Second-Parent Adoptions?
Yes. Second-parent adoptions are available in Minnesota. Unmarried intended parents who cannot establish their parentage through a parentage order can complete a post-birth adoption. Married intended parents can complete a stepparent adoption.
What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm, or Embryo?
This depends on the court overseeing the case. Some intended parents will be able to obtain a pre-birth order despite using a donor egg, sperm, or embryo, while others will need to complete an adoption after the child is born. Regardless, a donor in a Minnesota surrogacy has no parental rights to any child born, as per state laws.
Same Sex surrogacy in Minnesota
Is Same-Sex Surrogacy Legal in Minnesota?
Yes. Same-sex couples and LGBTQ+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Are There Any Additional Laws Impacting Same-Sex Parenting in Minnesota?
No. There are no additional laws impacting same-sex parents in this state.
Surrogacy Agencies & Legal Professionals in Minnesota
Looking for a Surrogacy Agency in Minnesota?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Minnesota as your surrogacy agency.
Find out more about how SurrogateFirst can support in Minnesota here:
Looking for a surrogacy attorney in Minnesota, Minneapolis?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Minnesota, provided for informational purposes.
John Buchholz, J.D.
Minneapolis, MN
john@buchholzlawmn.com
(612) 217-2137
David C. Gapen
Minneapolis, MN
dgapen@gljfamilylaw.com
Visit GLJ Family Law for more details
(612) 284-9381
Jody Ollyver DeSmidt
Minneapolis, MN
J.DeSmidt@innovativefamilylaw.com
Visit Innovative Family Law for more details
(612) 335-4284
Need some help with Legal Aspects of surrogacy in Minnesota?
What is the Surrogacy Process in Minnesota?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
