This bill establishes a comprehensive regulatory framework for gestational surrogacy arrangements in Minnesota, introducing new definitions and requirements under sections 257.90 to 257.98 of the Parentage Act. It explicitly invalidates traditional surrogacy arrangements, affirming that parentage and custody remain with the birthing woman until she chooses to terminate her parental rights. The bill outlines the enforceability of gestational surrogacy contracts, requiring both the gestational surrogate and intended parents to have separate legal representation and to acknowledge their rights and obligations in writing. Additionally, it sets eligibility criteria for participants, mandates that contracts be in writing and executed prior to medical procedures, and prohibits certain terms that limit medical decision-making or offer compensation beyond actual expenses.

Moreover, the bill introduces provisions that recognize the parent-child relationship upon the birth of a child, contingent upon the timely submission of joint written certification by attorneys for both parties. It also mandates that surrogacy agencies operate as nonprofit entities licensed by the Department of Human Services, with violations classified as felonies. The Department of Health is tasked with collecting demographic data related to surrogacy while ensuring privacy, and it will also oversee the filing of certifications. All provisions of the bill will take effect on August 1, 2024, applying to contracts entered into after that date.