Minnesota Surrogacy and Surrogate Contracts
MN Surrogacy, Minnesota Surrogacy Agreements, Surrogate Parents, Adoption, Gestational Surrogacy, Surrogate Contract, Surrogacy Lawyers

The Law

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 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.   

The Risk

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. 

Laws of Reproductive Technology

Minnesota's Proposed Surrogacy Bill 2003
Proposed bill for surrogacy law in Minnesota

Surrogacy- How Does It Work?

Surrogacy-AAML

Dangers of Online Surrogacy

Infertility Resources

Third Party Reproduction

Article on Surrogacy

Surrogacy Center

Commercial Surrogacy