A bill for an act
relating to children; regulating traditional and gestational surrogacy arrangements;
creating a crime to operate a for-profit surrogacy agency; proposing coding for
new law in Minnesota Statutes, chapter 257.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The definitions in this section apply to sections 257.90 to 257.98.
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"Donor" means an individual who is not an intended parent who
contributes a gamete or gametes for the purpose of in vitro fertilization or implantation in
another.
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"Embryo" means a fertilized egg prior to 14 days of development.
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"Embryo transfer" means all medical and laboratory
procedures that are necessary to effectuate the transfer of an embryo into the uterine cavity.
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"Gamete" means either a sperm or an egg.
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"Gestational surrogacy arrangement"
means the process by which a woman who is not the intended parent attempts to carry and
give birth to a child created through in vitro fertilization using one or more gametes provided
by the intended parents.
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"Gestational surrogacy contract" means a
written agreement regarding a gestational surrogacy arrangement.
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"Gestational surrogate" means a woman who
participates in a gestational surrogacy arrangement as the woman who carries the child to
term and gives birth to the child that is the subject of the surrogacy arrangement.
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"Intended parents" means a married couple, at least one of
whom contributes his or her own gamete to create the embryo implanted in the gestational
surrogate, who enters into an enforceable gestational surrogacy contract as defined in
subdivision 7, under which the married couple consents to be the legal parents of the child
or children resulting from in vitro fertilization.
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"In vitro fertilization" means medical and laboratory
procedures that are necessary to effectuate the extracorporeal fertilization of egg and sperm.
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"Medical evaluation" means an evaluation by and in
consultation with a physician conducted according to the recommended guidelines published
and in effect at the time of the evaluation by the American Society for Reproductive Medicine
and the American College of Obstetricians and Gynecologists.
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"Mental health evaluation" means an evaluation
by and consultation with a mental health professional, as defined in section 245.462,
subdivision 18, conducted according to the recommended guidelines published and in effect
at the time of the evaluation by the American Society for Reproductive Medicine and the
American College of Obstetricians and Gynecologists.
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"Physician" means a person currently licensed in good standing
as a physician under chapter 147.
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"Surrogacy agent" means any person or entity who provides
the service of bringing together intended parents and potential gestational surrogates to
create gestational surrogacy arrangements. The term "surrogacy agent" does not include
licensed attorneys whose services are limited to the representation of the parties during the
creation and performance of the gestational surrogacy contract.
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"Traditional surrogacy arrangement"
means the process by which a woman attempts to carry and give birth to a child using her
own gametes and either the gametes of a person who intends to parent the child, or donor
gametes, when there is an agreement to relinquish the custody of and all rights and obligations
to the child upon the child's birth.
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Traditional surrogacy arrangements and contracts related to traditional surrogacy
arrangements are invalid and parentage and custody shall remain with the woman who gave
birth to the child or children, regardless of any surrogacy arrangement, until she chooses to
terminate her parental rights.
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(a) A gestational surrogacy contract consistent with the requirements of this section shall
be enforceable.
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(b) A gestational surrogacy contract is not valid unless:
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(1) the gestational surrogate and the intended parents are represented by separate legal
counsel in all matters concerning the gestational surrogacy arrangement and the gestational
surrogacy contract; and
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(2) the gestational surrogate and the intended parents have signed a written
acknowledgment of their receipt of information about the legal, financial, and contractual
rights, expectations, penalties, and obligations of the surrogacy agreement.
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(c) A gestational surrogacy contract must be:
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