2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/25/2015 01:56pm
Engrossments | ||
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Introduction | Posted on 01/29/2015 | |
1st Engrossment | Posted on 03/09/2015 | |
2nd Engrossment | Posted on 03/23/2015 |
A bill for an act
relating to family law; establishing a legislative surrogacy commission; providing
appointments; requiring a report.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The Legislative Commission on Surrogacy shall
consist of 15 members, appointed as follows:
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(1) three members of the senate appointed by the senate majority leader;
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(2) three members of the senate appointed by the senate minority leader;
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(3) three members of the house of representatives appointed by the speaker of the
house of representatives;
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(4) three members of the house of representatives appointed by the house of
representatives minority leader;
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(5) the commissioner of human services or the commissioner's designee;
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(6) the commissioner of health or the commissioner's designee; and
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(7) a family court referee appointed by the chief justice of the state Supreme Court.
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Appointments must be made by June 1, 2015.
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The commission shall elect a chair from among its members.
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The ranking majority member of the commission who is
appointed by the senate majority leader shall convene the first meeting by July 1, 2015.
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Members of the commission are compensated as provided
in Minnesota Statutes, section 3.101.
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A commission member may not participate in or
vote on a decision of the commission in which the member has either a direct or indirect
personal financial interest. A witness at a public meeting of the commission must disclose
any financial conflict of interest.
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The commission shall develop recommendations on public policy
and laws regarding surrogacy. To develop the recommendations, the commission shall
study surrogacy through public hearings, research, and deliberation. Topics for study
include, but are not limited to:
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(1) potential health and psychological effects and benefits on women who serve
as surrogates;
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(2) potential health and psychological effects and benefits on children born of
surrogates;
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(3) business practices of the fertility industry, including attorneys, brokers, and
clinics;
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(4) considerations related to different forms of surrogacy;
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(5) considerations related to the potential exploitation of women in surrogacy
arrangements;
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(6) contract law implications when a surrogacy contract is breached;
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(7) potential conflicts with statutes governing private adoption and termination
of parental rights;
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(8) potential for legal conflicts related to third-party reproduction, including conflicts
between or amongst the surrogate mother, the intended parents, the child, insurance
companies, and medical professionals;
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(9) public policy determinations of other jurisdictions with regard to surrogacy; and
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(10) information to be provided to a child born of a surrogate about the child's
biological and gestational parents.
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The commission must submit a report including its
recommendations and may draft legislation to implement its recommendations to the chairs
and ranking minority members of the legislative committees with primary jurisdiction
over health and judiciary in the house and senate by December 15, 2015. On topics where
the commission fails to reach consensus, a majority and minority report shall be issued.
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The Legislative Coordinating Commission shall provide staffing
and administrative support to the commission.
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The commission expires the day after submitting the report
required under subdivision 7.
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This section is effective the day following final enactment.
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