Gestational Surrogacy Regulations in Minnesota

Overview

Gestational Surrogacy is generally permitted in Minnesota. There are no statutes or published
case law that specifically permits or prohibits surrogacy.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Minnesota, there is basis for venue in Minnesota* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes*
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Minnesota:
Yes
Birth outside of Minnesota:
Yes, however, discuss with your legal counsel

It may be possible to obtain a Pre-Birth Order in certain countries and in certain scenarios,
with results varying greatly by judge.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Minnesota Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
within 80 days
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Minnesota Residents:

*This situation typically arises if the child is born outside of Minnesota. The parents then return to Minnesota to obtain a second parent adoption or stepparent adoption in Minnesota. Stepparent adoptions are permitted in the state and may be obtained by heterosexual or same sex married or unmarried couples Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Minnesota?

*Traditional Surrogacy in Minnesota is permitted because no statute or published case law prohibits it. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.