This bill establishes a comprehensive regulatory framework for gestational surrogacy arrangements in Minnesota, effective August 1, 2025. It introduces new legal definitions for terms such as "gestational surrogate," "intended parents," and "gestational surrogacy contract," while explicitly invalidating traditional surrogacy arrangements. The bill stipulates that parentage and custody remain with the woman who gives birth until she voluntarily terminates her parental rights. It also outlines the enforceability of gestational surrogacy contracts, requiring that both parties have separate legal representation and acknowledge their rights and obligations in writing. Additionally, it sets eligibility criteria for surrogates and intended parents, mandates written contracts executed before medical procedures, and ensures that intended parents are recognized as the legal parents upon the child's birth.
Moreover, the bill includes provisions for joint written certification from the attorneys of both parties within five business days after the child's birth, confirming the validity of the surrogacy contract. It mandates that the original birth certificate list only the intended parents, while allowing the child access to the gestational surrogate's identity upon reaching maturity. The bill prohibits for-profit surrogacy agents, requiring agencies to operate as nonprofit corporations licensed by the Department of Human Services, with violations classified as felonies. The Department of Health is also tasked with collecting data on surrogacy arrangements to monitor their implications, aiming to create a more structured and accountable environment for gestational surrogacy in Minnesota.