This bill establishes comprehensive regulations for traditional and gestational surrogacy arrangements in Minnesota, including the prohibition of for-profit surrogacy agencies, which will be classified as a felony if violated. It introduces new definitions such as "gestational surrogate," "intended parents," and "gestational surrogacy contract," and outlines the requirements for enforceable gestational surrogacy contracts. Key provisions include the necessity for separate legal representation for both parties, mandatory medical and mental health evaluations, and the requirement that gestational surrogacy contracts be in writing and executed prior to any medical procedures. The bill also invalidates traditional surrogacy arrangements, affirming that parentage and custody remain with the birthing woman until she terminates her parental rights.
Effective August 1, 2025, the bill clarifies the legal parent-child relationship arising from gestational surrogacy, requiring joint written certification from the attorneys of both the gestational surrogate and intended parents within five business days of the child's birth. This certification must confirm the validity of the surrogacy contract, and the original birth certificate will reflect only the intended parents as the child's legal parents. Additionally, the bill mandates that intended parents support the child regardless of any contract breaches and requires all surrogacy agents to operate as nonprofit entities licensed by the Department of Human Services. The Department of Health will also collect aggregate data on surrogacy to monitor its implications.