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Minnesota Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Minnesota surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Minnesota surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed dozens of finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Minnesota surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      There are no statutes or published case law specifically prohibiting or restricting surrogacy. Thereby, surrogacy is a permissible and legal practice in the state.

    • Does the state have surrogacy laws and/or case law?

      The Minnesota Parentage Act discusses the procedures for establishing parentage, the rights and obligations of any gamete donor, among other things.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in Minnesota and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Yes. Traditional surrogacy is not addressed in the state’s surrogacy statutes and is not statutorily prohibited. However, traditional surrogacy cases are often treated like an adoption in the state, so parentage must typically be established pursuant to post-birth adoption proceedings rather than through parentage orders.

    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      Since Minnesota does not have a statutory rule on this nor any relevant case history, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. Thus, the requisite elements for an enforceable surrogacy contract may vary on a case-by-case basis and are up to the judge’s discretion. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      Generally, the intended parents and surrogate should have independent legal counsel, the surrogate should meet specific requirements, and the agreement should include provisions that discuss the legal, financial, and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Parentage orders are permitted in the state, but any pre-birth parentage order will be stayed until the child’s delivery. It may be possible to obtain a pre-birth order in certain counties and in certain scenarios, with results varying by judge. But typically, a pre-birth order will be issued to any married or unmarried couple when both the intended parents are genetically related to the child.

    • Can both intended parents be declared the legal parents?

      Yes, if the intended parents are a married or unmarried couple and each of them is genetically related to the child. But, if the intended parents are a married or unmarried couple and only one of them is genetically related to the child, then the genetic parent will be granted a parentage order and the non-genetic parent can proceed with either a second-parent adoption (unmarried/same-sex couple) or stepparent adoption (married couples) on an expedited basis so that it is granted simultaneously.

    • Will the state honor a pre-birth order issued by another state?


    • What do intended parents need to know about getting the baby’s birth certificate?

      It takes 5-10 days to get the birth certificate. Same-sex parents are named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier or an initial birth certificate that names the biological father only. They can subsequently obtain a birth certificate that names both fathers only, with no mention of the surrogate.

    • Are post-birth adoptions permitted?

      Intended parents who are unable to obtain a parentage order will be required to complete a post-birth adoption in order to obtain and secure their legal parental rights. When a post-birth adoption will be necessary will vary based on the judge and county. However, generally, a post-birth adoption will be necessary in situations where only one or neither of the parents is genetically related to the child. Stepparent adoptions are permitted in the state and may be obtained by heterosexual or same-sex couples.

    • Are second-parent adoptions permitted?

      Second parent adoptions are not necessary in the state because Minnesota permits stepparent adoptions to unmarried couples.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and are available to married and unmarried couples alike.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.