Surrogacy Laws & Process in Minnesota
Understanding the Surrogacy Process in Minnesota
Minnesota permits gestational surrogacy because no statute explicitly prohibits it, and there is no published case law barring such arrangements. As a result, courts rely on the Parentage Act (Minn. Stat. §257.541) and general contract principles to recognize the intended parents.
While Minnesota does not have specific surrogacy laws, the Parentage Act provides the legal framework for the establishment of parentage, and contracts between the parties are key to this process. Results can vary by county, with many judges issuing pre-birth declaratory judgments to establish parentage, while others prefer post-birth orders after the filing is made during pregnancy.
Traditional surrogacy remains legally sensitive in Minnesota, as there is no statutory framework specifically addressing it. In these cases, parentage is typically established through a post-birth stepparent adoption or second-parent adoption, with the surrogate being treated as the birth parent.
While compensation for traditional surrogacy is allowed, it is usually finalized via an adoption process. Compensation agreements in gestational surrogacy are enforceable when drafted properly and supported by independent counsel for all parties involved.
Pre-Birth Parentage Orders in Minnesota: Legal Recognition Before Birth
Minnesota courts grant pre-birth parentage orders in some cases, but this varies by jurisdiction. Some courts issue pre-birth declaratory judgments, while others wait for post-birth orders.
Venue is typically based on the residence of the parties or the anticipated birthplace. Planned delivery in Minnesota alone does not support jurisdiction unless a valid connection to the state is shown.
Married heterosexual couples
These couples are frequently approved for pre-birth or post-birth parentage orders, including those involving the use of donor gametes, provided that the necessary filings and agreements are in place. Some courts in supportive venues allow pre-birth orders to establish parentage for both intended parents, even if donor gametes are used.
Unmarried heterosexual couples
Outcomes for unmarried couples can vary widely by county. In some jurisdictions, both parents may be recognized pre-birth, while in others, the non-genetic parent may be required to undergo a post-birth adoption process to establish their legal parentage.
Married same-sex couples
These couples are generally recognized pre-birth in many Minnesota courts. However, if only one parent has a genetic link to the child, some courts may require a post-birth adoption by the non-genetic parent, depending on the venue.
Unmarried same-sex couples
Similar to unmarried heterosexual couples, outcomes for unmarried same-sex couples can vary by county. Some courts will grant pre-birth parentage orders to both parents. Meanwhile, others may require the non-genetic parent to adopt after birth to be recognized legally.
Single intended parents
Single parents, whether using their own or donor gametes, are commonly recognized via pre-birth or post-birth parentage orders, depending on the filings and jurisdiction under the Parentage Act.
No genetic link for either parent
The recognition of both parents in a pre-birth order depends on the court. In some cases, both parents may be recognized. n others, the non-genetic parent may be required to undergo a post-birth adoption process.
Legal Procedures and Timeframes
Kansas typically processes pre-birth parentage orders through a legal hearing. However, the intended parents do not always need to attend the hearing, though their legal representation must be present. Pre-birth orders are possible even if neither the intended parents nor the surrogate resides in Kansas, as long as there is a significant connection to the state.
The state’s vital records department will honor a pre-birth order from another state, but the order must be registered as a foreign judgment. This allows Kansas to issue the birth certificate accordingly.
The typical time frame to obtain a birth certificate after delivery is around 2-3 weeks, though expedited processing is sometimes available to shorten this to 7-10 business days.
Explore the Carrying Dreams Surrogacy Heatmap
Compare Minnesota’s venue-driven practices with nearby states and review timelines, filings, and post-birth options on our interactive heatmap.
If you have any inquiries about the surrogacy laws & process in Minnesota, feel free to contact us today.
