Minnesota Surrogacy and Surrogate Contracts
MN Surrogacy, Minnesota Surrogacy Agreements, Surrogate Parents,
Adoption, Gestational Surrogacy, Surrogate Contract, Surrogacy Lawyers
current Minnesota law a stepparent adoption is necessary. In
essence the surrogate mother by contract voluntarily terminates her
parental rights and the intended mother adopts the child.
Surrogacy laws vary from state to state. It is probably the most
widely accepted practice under California State law.
By contrast, Minnesota law does not specifically mention
surrogacy. Even the state's adoption laws shy away from the term.
The primary stigma relating to surrogacy is them is guided concept
that surrogacy means buying and selling children. Currently, there
is a bill currently under review in 2003 that would specifically
address the surrogacy issue and assisted reproduction
(HF792). Although the bill is unlikely to pass, it is a step
toward recognition of the surrogacy process in this state.
Even in the current environment surrogacy agreements are possible
and practical. Given the lack of uniformity between states and the
unsettled nature of the law in Minnesota, however, it is extremely
important that surrogacy agreements are carefully drafted to ensure
compliance with existing laws. One thing is clear, under
The enforceability of surrogacy
contract has yet to be tested. Under adoption laws in Minnesota,
the surrogate mother may have a right to invalidate her adoption
consent. Although the adoptive (sometimes biological) parents may
go to court to seek enforcement of the surrogacy contract, it
remains unclear how a court would rule. It could decide using the
normal contract law principles or it could decide that such a
contract is unenforceable based on adoption laws or public policy.
What Exactly is Surrogacy?
Surrogacy is a form of assisted reproduction and
a "surrogate" mother is a woman who bears a child on behalf of other
parents. This can happen in one of two ways. First there are
typical surrogates - a woman that is artificially inseminated with
a father's sperm and reproduces with her own egg.
Second, there is gestational surrogacy where the surrogate mother carries
comprised of the egg of the biological (intended) mother and the
sperm of the biological (intended) father. The surrogates' egg is
This issue becomes more complicated
with gestational surrogacy described below. In such cases, the
surrogate, while she is the birth mother, is not biologically
related to the child.
Surrogate Agreements And Terms
As previously stated, surrogacy agreements
must be carefully drafted to comply with existing state law. As a
result, it is extremely important for any drafter to be current on
existing adoptions and surrogacy statutes. In most cases, however,
typical surrogate agreements cover a number of issues which may
- The Biological parents' right to be advised of and attend
any medical exams and to review any and all medical records of
the surrogate (even those not related to the pregnancy).
- STD testing for parties including the surrogate and
- Medical evaluations of all parties to determine whether
there are any genetic risks. (Everyone wants a healthy child).
- Psychological counseling for the surrogate mother paid by
the biological parents.
- A determination of parental rights or contract for adoption.
- A confidentiality agreement to prevent public disclosure of
this private and sensitive information.
- Compensation agreements for the surrogate mother (Most often
in excess of $10,000).
- Terms regarding how and when the agreement may beterminated.
information, please contact attorney Maury D. Beaulier at 612.240.8005.
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