If you’re considering surrogacy in Minnesota, there are some important things to know. First — that there are no surrogacy laws in Minnesota.
Second — that surrogacy in Minnesota is a safe, efficient way for many intended parents and surrogates to reach their surrogacy goals.
Like they have in many states in the U.S. without defined surrogacy laws, surrogacy professionals in Minnesota have developed a straightforward way for intended parents to add to their family and for surrogates to help make those dreams come true. However, it’s crucial that all parties in a Minnesota surrogacy agreement work with a surrogacy professional from the very beginning, including an experienced surrogacy attorney in Minnesota.
While American Surrogacy encourages all intended parents and surrogates to speak with a local attorney before choosing this path, we’ve also provided answers to some of your most common questions about surrogacy in Minnesota below.
Q: Is surrogacy legal in Minnesota?
A: There are no surrogacy laws in Minnesota, but the courts are generally favorable toward intended parents and surrogates. Therefore, when completed properly, surrogacy is legal in Minnesota.
Q: Is compensated surrogacy legal in Minnesota?
A: Yes. There are no surrogacy laws in Minnesota regulating the amount of compensation that a surrogate can receive for her services.
Q: Is traditional surrogacy legal in Minnesota?
A: Like it is in many states, the process of traditional surrogacy is complicated in Minnesota. 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. Many surrogacy professionals advise against traditional surrogacy but, if you pursue this path, you must work with an experienced Minnesota surrogacy attorney from the very beginning.
Q: What does a surrogacy agreement in Minnesota cover, and how does the legal process work?
A: Surrogacy agreements in Minnesota are created in the same way as many surrogacy agreements in the United States, because there are no state surrogacy laws regulating this legal process. Intended parents and their surrogate must be represented by separate surrogacy attorneys, who will negotiate a contract that meets both parties’ goals and expectations.
This contract will address important topics like:
- Risks and liabilities for each party
- Rights and responsibilities of each party
- Surrogate compensation and other financial information, like surrogacy insurance
- Contact expectations before, during and after the surrogacy
- And more
Once you have created a Minnesota surrogacy contract, you and your surrogacy partner can move forward with the medical process of surrogacy.
Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Minnesota?
A: There are currently no laws on the enforceability of Minnesota surrogacy contracts, although a report to the state legislature in 2016 did recommend for the enforceability of these contracts if they met appropriate standards.
Q: What are the surrogacy laws in Minnesota on parentage orders?
A: Parentage orders are generally available in Minnesota surrogacy, but the timing in which they are issued will depend upon the circumstances of the surrogacy and the overseeing court. For example, some courts will only issue post-birth orders, while others will issue pre-birth orders. A local Minnesota surrogacy attorney can give you a better idea of what the process of establishing parental rights will look like in your situation.
Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Minnesota?
A: No, although international intended parents will need to work with an immigration lawyer to follow the proper steps to return with their child to their home country.
Q: When do intended parents need to complete an adoption after birth?
A: In Minnesota, some courts will allow genetically unrelated intended parents to obtain a pre- or post-birth order, but others will not. In these cases, the non-genetically related parent will need to complete an adoption after birth to establish their parental rights.
If you are an intended parent in Minnesota, make sure to obtain legal advice from an experienced local attorney to understand what legal steps are needed for your circumstances.
Q: Does Minnesota allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?
A: Yes, second-parent adoptions are available in Minnesota. Therefore, any unmarried intended parents who cannot obtain a pre- or post-birth order will complete a second-parent adoption after birth, while married intended parents will complete a stepparent adoption.
Q: What happens in cases where intended parents use a donor egg, sperm or embryo?
A: Whether intended parents who use a donor gamete in their surrogacy in Minnesota need to take additional steps to establish their rights is based on the court overseeing their case. Some parents will be able to obtain a pre-birth order despite a donated gamete, 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.
Q: Are there any additional laws impacting same-sex surrogacy in Minnesota?
A: No. As there are no specific surrogacy laws in Minnesota, there are no laws that apply to LGBT intended parents that do not apply to other intended parents.
At American Surrogacy, we welcome intended parents and surrogates from Minnesota to our agency program. Whether you wish to be matched with someone within your own state or another surrogacy-friendly state in the U.S., our surrogacy specialists can help you find the perfect match for your surrogacy goals and expectations.
When you’re ready to start your Minnesota surrogacy, our agency can provide the case management and support services you need to safely complete your surrogacy journey. To learn more today, please contact us at 1-800-875-2229(BABY).
Remember, surrogacy laws in Minnesota are always subject to change, so American Surrogacy cannot guarantee the information presented here is accurate and up-to-date. Please contact a local surrogacy attorney in Minnesota for legal guidance. This article is not intended to be and should not be taken as legal advice.