Bill > SF4491

This bill establishes regulations for both traditional and gestational surrogacy arrangements in Minnesota, defining key terms like "donor," "embryo," "gamete," and differentiating between "gestational surrogacy arrangements" (where a woman carries a child created with intended parents' gametes) and "traditional surrogacy arrangements" (where the surrogate uses her own gametes). Traditional surrogacy contracts are deemed invalid, with parentage remaining with the birth mother until she terminates her rights. For gestational surrogacy, the bill outlines requirements for enforceable contracts, including independent legal representation for all parties, written acknowledgments of rights and obligations, and specific contract provisions covering custody, parental responsibilities, medical expenses, and single-embryo transfers. It also details eligibility criteria for both gestational surrogates and intended parents, such as age, prior childbirth experience for surrogates, marital status and infertility evidence for intended parents, and mandatory medical and mental health evaluations for both. The bill clarifies that upon birth, intended parents are legally recognized as the child's parents, and it establishes a process for attorney certifications to confirm contract compliance and establish parentage within five business days of birth, ensuring the birth certificate reflects only the intended parents. Importantly, the bill prohibits for-profit surrogacy agencies, making violations a felony, and requires any such agencies to operate as licensed nonprofit corporations, with penalties for violations including triple the compensation amount to the parties involved. Finally, it mandates data collection by the Department of Health on surrogacy procedures and outcomes to study its use and the health of children born through these arrangements.

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https://www.revisor.mn.gov/bills/94/2026/0/SF/4491/