Legislative Milestone in Minnesota’s Surrogacy Landscape:
Currently, Minnesota does not have laws regarding the enforceability of surrogacy contracts. However, a 2016 report to the state legislature recommended enforceability if contracts meet certain standards.
Surrogacy Contracts
Establish rights and obligations of every party.
Establish potential risks and complications.
Negotiated by separate attorneys.
Parental Rights
Parentage orders, crucial for establishing legal parentage, are generally available in Minnesota. The issuance timing of these orders (pre-birth or post-birth) varies based on the surrogacy circumstances and the overseeing court's discretion.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the legal agreement.
Who Can Benefit from Surrogacy in MN?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in Minnesota:
In Minnesota, the realm of surrogacy is navigated with a distinct approach, as the state lacks specific surrogacy legislation. Despite this, the courts generally exhibit a favorable stance towards surrogacy arrangements, making the state a viable option for Intended Parents and Surrogates alike.
Advantages of Surrogacy in MN
The absence of explicit laws has led surrogacy professionals in Minnesota to develop standardized methods to facilitate the surrogacy process, ensuring both Intended Parents and Surrogates can achieve their goals efficiently and safely. However, it's imperative for all parties involved in a Minnesota surrogacy agreement to engage with surrogacy professionals, particularly experienced surrogacy attorneys, from the outset to navigate this complex terrain effectively.
