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Surrogacy Laws in Minnesota

There are currently no published cases or statutory provisions with surrogacy. However, there is a lot of anecdotal evidence and unpublished court opinion that suggests that the law would well upon surrogacy.


There was a case in 2007 where a Court of Appeals court looked at an appeal from a judgment in District Court that involved a gestational surrogacy arrangement. The Plaintiff was a gay male who was HIV-positive, and he was from New York, and he agreed to pay the surrogate about $20,000 to gestate an embryo, and it was created with the Plaintiff’s sperm and a donor egg. The contract included a clause, and it was known as a ‘choice-of-law provision’, and it called for Illinois law to rule the contract (the majority of the medical procedures were done in the state). When the baby was born and the surrogate didn’t transfer custody, the Plaintiff did a paternity suit in the state. The Court confirmed the holding of the District Court, and it found that the Plaintiff was the child’s father and ignoring the surrogate’s mother parental rights. The Court said that the District Court’s decisions that Illinois law applied and that the contract didn’t violate Minnesota’s public policy. However, there was an unpublished opinion in the case, and it could not be cited unless it’s allowed by statute.

The fact that there’s no surrogacy statues in the state is not because of there being no awareness or effort on the part of the government of the state. In 2008, the legislature completed a bill that would enable state regulation of gestational surrogacy contracts. Critically, the legislation used gender-neutral language of the parents who were intended, and the effort by some legislators in the state to substitute the words “parents” with father and mother” failed. However, the bill, which passed the state Senate by a high vote and the House by a high vote, was vetoed by the government.



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