This bill establishes comprehensive regulations for traditional and gestational surrogacy arrangements in Minnesota, including the prohibition of for-profit surrogacy agencies, which will now be classified as a felony offense. It introduces new definitions such as "gestational surrogate," "intended parents," and "gestational surrogacy contract," and outlines the requirements for enforceable contracts, including the necessity for separate legal representation for both parties and mandatory medical and mental health evaluations. Traditional surrogacy arrangements are deemed invalid, with parental rights remaining with the birth mother until she chooses to terminate them.

The legislation sets eligibility criteria for gestational surrogates and intended parents, requiring intended parents to provide a gamete and a physician's affidavit confirming their inability to conceive or carry a child. Upon meeting these requirements, intended parents will be recognized as the legal parents of the child, while the gestational surrogate and her spouse will not have parental rights. The bill mandates that the original birth certificate reflect only the intended parents and ensures the gestational surrogate's identity is accessible to the child upon reaching maturity. Additionally, it requires joint written certification from the attorneys of both parties within five business days of the child's birth to confirm compliance with the surrogacy contract. The provisions of this bill will take effect on August 1, 2025, for all contracts entered into after that date.