HF 3567

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 08:08pm

A bill for an act
relating to civil law; updating rights and responsibilities relating to assisted
reproduction; creating requirements for surrogacy agreements; providing
recordkeeping and information sharing for genetic donation; proposing coding for
new law as Minnesota Statutes, chapter 257E; repealing Minnesota Statutes 2022,
section 257.56.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

DEFINITIONS

Section 1.

new text begin [257E.10] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this chapter, the following terms have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Assisted reproduction. new text end

new text begin "Assisted reproduction" means a method of causing
pregnancy other than sexual intercourse. The term includes:
new text end

new text begin (1) intrauterine, intracervical, or vaginal insemination;
new text end

new text begin (2) the donation of gametes;
new text end

new text begin (3) the donation of embryos;
new text end

new text begin (4) in vitro fertilization and transfer of embryos; and
new text end

new text begin (5) intracytoplasmic sperm injection.
new text end

new text begin Subd. 3. new text end

new text begin Birth. new text end

new text begin "Birth" includes stillbirth.
new text end

new text begin Subd. 4. new text end

new text begin Determination of parentage. new text end

new text begin "Determination of parentage" means the
establishment of a parent-child relationship by a judicial or administrative proceeding or
signing of a valid acknowledgment of parentage under the laws of the state.
new text end

new text begin Subd. 5. new text end

new text begin Donor. new text end

new text begin "Donor" means an individual who provides gametes intended for use
in assisted reproduction, whether or not for consideration. The term does not include:
new text end

new text begin (1) an individual who gives birth to a child conceived by assisted reproduction, except
as otherwise provided in sections 257E.30 to 257E.39; or
new text end

new text begin (2) a parent using assisted reproduction under sections 257E.20 to 257E.27 or an intended
parent under a gestational surrogacy agreement under sections 257E.30 to 257E.39.
new text end

new text begin Subd. 6. new text end

new text begin Gamete. new text end

new text begin "Gamete" means a sperm or an egg.
new text end

new text begin Subd. 7. new text end

new text begin Genetic testing. new text end

new text begin "Genetic testing" means an analysis of genetic markers to
identify or exclude a genetic relationship.
new text end

new text begin Subd. 8. new text end

new text begin Gestational surrogate. new text end

new text begin "Gestational surrogate" means an individual who is
not an intended parent and who agrees to become pregnant through assisted reproduction
using gametes that are not their own, under a gestational surrogacy agreement as provided
in this chapter.
new text end

new text begin Subd. 9. new text end

new text begin Intended parent. new text end

new text begin "Intended parent" means an individual, married or unmarried,
who manifests an intent to be legally bound as a parent of a child conceived by assisted
reproduction.
new text end

new text begin Subd. 10. new text end

new text begin Parent. new text end

new text begin "Parent" means an individual who is the legal parent of a child under
the laws of the state.
new text end

new text begin Subd. 11. new text end

new text begin Parentage; parent-child relationship. new text end

new text begin "Parentage" or "parent-child
relationship" means the legal relationship between a child and a parent of the child.
new text end

new text begin Subd. 12. new text end

new text begin Presumed parent. new text end

new text begin "Presumed parent" means an individual who under sections
257.51 to 257.74 is presumed to be a parent of a child, unless the presumption is overcome
in a judicial proceeding, a valid denial of parentage is made under this chapter, or a court
adjudicates the individual to be a parent.
new text end

new text begin Subd. 13. new text end

new text begin Surrogacy agreement. new text end

new text begin "Surrogacy agreement" means an agreement between
one or more intended parents and an individual who is not an intended parent in which the
individual agrees to become pregnant through assisted reproduction and that provides that
each intended parent is a parent of a child conceived under the agreement.
new text end

new text begin Subd. 14. new text end

new text begin Transfer. new text end

new text begin "Transfer" means a procedure for assisted reproduction by which
an embryo or sperm is placed in the body of the individual who will give birth to the child.
new text end

ASSISTED REPRODUCTION WITHOUT SURROGACY

Sec. 2.

new text begin [257E.20] SCOPE.
new text end

new text begin Sections 257E.20 to 257E.27 do not apply to the birth of a child conceived by sexual
intercourse or assisted reproduction under a surrogacy agreement under sections 257E.30
to 257E.39.
new text end

Sec. 3.

new text begin [257E.21] PARENTAL STATUS OF DONOR.
new text end

new text begin A donor is not a parent of a child conceived by assisted reproduction.
new text end

Sec. 4.

new text begin [257E.22] PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
new text end

new text begin An individual who consents under section 257E.23 to assisted reproduction by another
individual with the intent to be a parent of a child conceived by the assisted reproduction
is a parent of the child.
new text end

Sec. 5.

new text begin [257E.23] CONSENT TO ASSISTED REPRODUCTION.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), the consent described in section
257E.22 must be in a record signed by the individual giving birth to a child conceived by
assisted reproduction and an individual who intends to be a parent of the child.
new text end

new text begin (b) Failure to consent in a record as required by paragraph (a), before, on, or after the
birth of the child, does not preclude the court from finding consent to parentage if:
new text end

new text begin (1) the individual giving birth to a child or the individual proves by clear and convincing
evidence the existence of an express agreement entered into before conception that the
individual and the individual giving birth to the child intended they both would be parents
of the child; or
new text end

new text begin (2) the individual giving birth to a child and the individual for the first two years of the
child's life, including any period of temporary absence, resided together in the same
household with the child and both openly held out the child as the individual's child, unless
the individual dies or becomes incapacitated before the child attains two years of age or the
child dies before the child attains two years of age, in which case the court may find consent
under this paragraph to parentage if a party proves by clear and convincing evidence that
the individual giving birth to the child and the individual intended to reside together in the
same household with the child and both intended the individual would openly hold out the
child as the individual's child, but the individual was prevented from carrying out that intent
by death or incapacity.
new text end

Sec. 6.

new text begin [257E.24] SPOUSE'S DISPUTE OF PARENTAGE; LIMITATIONS.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), an individual who, at the time of a
child's birth, is the spouse of the individual who gave birth to the child by assisted
reproduction may not challenge the individual's parentage of the child unless:
new text end

new text begin (1) not later than two years after the birth of the child, the individual commences a
proceeding to adjudicate the individual's parentage of the child; and
new text end

new text begin (2) the court finds the individual did not consent to the assisted reproduction, before,
on, or after birth of the child, or withdrew consent under section 257E.26.
new text end

new text begin (b) A proceeding to adjudicate a spouse's parentage of a child born by assisted
reproduction may be commenced at any time if the court determines:
new text end

new text begin (1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
new text end

new text begin (2) the spouse and the individual who gave birth to the child have not cohabited since
the probable time of assisted reproduction; and
new text end

new text begin (3) the spouse never openly held out the child as the spouse's child.
new text end

new text begin (c) This section applies to a spouse's dispute of parentage even if the spouse's marriage
is declared invalid after assisted reproduction occurs.
new text end

Sec. 7.

new text begin [257E.25] EFFECT OF DISSOLUTION.
new text end

new text begin If a marriage of an individual who gives birth to a child conceived by assisted
reproduction is terminated through divorce or dissolution, subject to legal separation or
separate maintenance, is declared invalid, or is annulled before the transfer of gametes or
embryos to the individual giving birth to the child, a former spouse of the individual giving
birth to the child is not a parent of the child unless the former spouse consented in a record
that the former spouse would be a parent of the child if assisted reproduction were to occur
after a divorce, dissolution, annulment, declaration of invalidity, legal separation, or separate
maintenance, and the former spouse did not withdraw consent under section 257E.26.
new text end

Sec. 8.

new text begin [257E.26] WITHDRAWAL OF CONSENT.
new text end

new text begin (a) An individual who consents under section 257E.23 to assisted reproduction may
withdraw consent any time before a transfer that results in a pregnancy by giving notice in
a record of the withdrawal of consent to the individual who agreed to give birth to a child
conceived by assisted reproduction and to any clinic or health care provider facilitating the
assisted reproduction. Failure to give notice to the clinic or health care provider does not
affect a determination of parentage under this chapter.
new text end

new text begin (b) An individual who withdraws consent under paragraph (a) is not a parent of the child
under sections 257E.20 to 257E.27.
new text end

Sec. 9.

new text begin [257E.27] PARENTAL STATUS OF DECEASED INDIVIDUAL.
new text end

new text begin (a) If an individual who intends to be a parent of a child conceived by assisted
reproduction dies during the period between the transfer of a gamete or embryo and the
birth of the child, the individual's death does not preclude the establishment of the individual's
parentage of the child if the individual otherwise would be a parent of the child under this
chapter.
new text end

new text begin (b) If an individual who consented in a record to assisted reproduction by an individual
who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased
individual is a parent of a child conceived by the assisted reproduction only if:
new text end

new text begin (1) either:
new text end

new text begin (i) the individual consented in a record that if assisted reproduction were to occur after
the death of the individual, the individual would be a parent of the child; or
new text end

new text begin (ii) the individual's intent to be a parent of a child conceived by assisted reproduction
after the individual's death is established by clear and convincing evidence; and
new text end

new text begin (2) either:
new text end

new text begin (i) the embryo is in utero not later than 36 months after the individual's death; or
new text end

new text begin (ii) the child is born not later than 45 months after the individual's death.
new text end

GESTATIONAL SURROGACY AGREEMENTS

Sec. 10.

new text begin [257E.30] PARTIES ELIGIBLE TO ENTER INTO AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Gestational surrogate. new text end

new text begin To execute an agreement to act as a gestational
surrogate, an individual must:
new text end

new text begin (1) have attained 21 years of age;
new text end

new text begin (2) previously have given birth to at least one child;
new text end

new text begin (3) complete a medical evaluation related to the surrogacy arrangement by a licensed
medical doctor;
new text end

new text begin (4) complete a mental health consultation by a licensed mental health professional; and
new text end

new text begin (5) have independent legal representation of their choice throughout the surrogacy
arrangement regarding the terms of the surrogacy agreement and the potential legal
consequences of the agreement.
new text end

new text begin Subd. 2. new text end

new text begin Intended parent. new text end

new text begin To execute a surrogacy agreement, each intended parent,
whether or not genetically related to the child, must:
new text end

new text begin (1) have attained 21 years of age; and
new text end

new text begin (2) have independent legal representation of the intended parent's choice throughout the
surrogacy arrangement regarding the terms of the surrogacy agreement and the potential
legal consequences of the agreement.
new text end

Sec. 11.

new text begin [257E.31] GESTATIONAL SURROGACY AGREEMENT
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Procedural requirements. new text end

new text begin A surrogacy agreement must be executed in
compliance with the following rules:
new text end

new text begin (1) at least one party must be a resident of this state or, if no party is a resident of this
state, at least one procedure under the agreement must occur in this state;
new text end

new text begin (2) a surrogate and each intended parent must meet the requirements of section 257E.30;
new text end

new text begin (3) each intended parent, the surrogate, and the surrogate's spouse, if any, must be parties
to the agreement;
new text end

new text begin (4) the agreement must be in a record signed by each party listed in clause (3);
new text end

new text begin (5) the surrogate and each intended parent must acknowledge in a record receipt of a
copy of the agreement;
new text end

new text begin (6) the signature of each party to the agreement must be attested by a notarial officer or
witnessed;
new text end

new text begin (7) the surrogate and the intended parent or parents must have independent legal
representation throughout the surrogacy arrangement regarding the terms of the surrogacy
agreement and the potential legal consequences of the agreement and each counsel must be
identified in the surrogacy agreement;
new text end

new text begin (8) the intended parent or parents must pay for independent legal representation for the
surrogate; and
new text end

new text begin (9) the agreement must be executed before a procedure occurs related to the surrogacy
agreement.
new text end

new text begin Subd. 2. new text end

new text begin Substantive requirements. new text end

new text begin A surrogacy agreement must comply with the
following requirements:
new text end

new text begin (1) a surrogate agrees to attempt to become pregnant by means of assisted reproduction;
new text end

new text begin (2) except as otherwise provided in section 257E.38, the surrogate and the surrogate's
spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted
reproduction under the agreement;
new text end

new text begin (3) the surrogate's spouse, if any, must acknowledge and agree to comply with the
obligations imposed on the surrogate by the agreement;
new text end

new text begin (4) except as otherwise provided in section 257E.38, the intended parent or, if there are
two intended parents, each one jointly and severally, immediately on birth will be the
exclusive parent or parents of the child, regardless of the number of children born or gender
or mental or physical condition of each child;
new text end

new text begin (5) except as otherwise provided in section 257E.38, the intended parent or, if there are
two intended parents, each parent jointly and severally, immediately on birth will assume
responsibility for the financial support of the child, regardless of the number of children
born or gender or mental or physical condition of each child;
new text end

new text begin (6) the agreement must include information disclosing how each intended parent will
cover the surrogacy-related expenses of the surrogate and the medical expenses of the child.
If health care coverage is used to cover the medical expenses, the disclosure must include
a summary of the health care policy provisions related to coverage for surrogate pregnancy,
including any possible liability of the surrogate, third party liability liens, other insurance
coverage, and any notice requirement that could affect the coverage or liability of the
surrogate. Unless the agreement expressly provides otherwise, the review and disclosure
do not constitute legal advice. If the extent of coverage is uncertain, a statement of that fact
is sufficient to comply with this clause;
new text end

new text begin (7) the agreement must permit the surrogate to make all health and welfare decisions
regarding themselves and their pregnancy. This chapter does not enlarge or diminish the
surrogate's right to terminate the pregnancy; and
new text end

new text begin (8) the agreement must include information about each party's right under sections
257E.30 to 257E.39 to terminate the surrogacy agreement.
new text end

new text begin Subd. 3. new text end

new text begin Payment and reimbursement. new text end

new text begin A surrogacy agreement may provide for:
new text end

new text begin (1) the payment of consideration and reasonable expenses; and
new text end

new text begin (2) reimbursement of specific expenses if the agreement is terminated under sections
257E.30 to 257E.39.
new text end

new text begin Subd. 4. new text end

new text begin Nonassignable. new text end

new text begin A right created under a surrogacy agreement is not assignable
and there is no third-party beneficiary of the agreement other than the child.
new text end

Sec. 12.

new text begin [257E.32] EFFECT OF SUBSEQUENT CHANGE OF MARITAL STATUS.
new text end

new text begin (a) Unless a surrogacy agreement expressly provides otherwise:
new text end

new text begin (1) the marriage of a surrogate after the agreement is signed by all parties does not affect
the validity of the agreement, the surrogate's spouse's consent to the agreement is not required,
and the surrogate's spouse is not a presumed parent of a child conceived by assisted
reproduction under the agreement; and
new text end

new text begin (2) the divorce, dissolution, annulment, declaration of invalidity, legal separation, or
separate maintenance of the surrogate after the agreement is signed by all parties does not
affect the validity of the agreement.
new text end

new text begin (b) Unless a surrogacy agreement expressly provides otherwise:
new text end

new text begin (1) the marriage of an intended parent after the agreement is signed by all parties does
not affect the validity of a surrogacy agreement, the consent of the spouse of the intended
parent is not required, and the spouse of the intended parent is not, based on the agreement,
a parent of a child conceived by assisted reproduction under the agreement; and
new text end

new text begin (2) the divorce, dissolution, annulment, declaration of invalidity, legal separation, or
separate maintenance of an intended parent after the agreement is signed by all parties does
not affect the validity of the agreement and the intended parents are the parents of the child.
new text end

Sec. 13.

new text begin [257E.33] INSPECTION OF DOCUMENTS.
new text end

new text begin Unless the court orders otherwise, a petition and any other document related to a
surrogacy agreement filed with the court under sections 257E.30 to 257E.34 are not open
to inspection by any individual other than the parties to the proceeding, a child conceived
by assisted reproduction under the agreement, their attorneys, and the relevant state agency.
A court may not authorize an individual to inspect a document related to the agreement,
unless required by exigent circumstances. The individual seeking to inspect the document
may be required to pay the expense of preparing a copy of the document to be inspected.
new text end

Sec. 14.

new text begin [257E.34] EXCLUSIVE, CONTINUING JURISDICTION.
new text end

new text begin During the period after the execution of a surrogacy agreement until 90 days after the
birth of a child conceived by assisted reproduction under the agreement, a court of this state
conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all
matters arising out of the agreement. This section does not give the court jurisdiction over
a child custody or child support proceeding if jurisdiction is not otherwise authorized by
law of this state other than this chapter.
new text end

Sec. 15.

new text begin [257E.35] TERMINATION OF GESTATIONAL SURROGACY
AGREEMENT.
new text end

new text begin (a) A party to a gestational surrogacy agreement may terminate the agreement, at any
time before an embryo transfer, by giving notice of termination in a record to all other
parties. If an embryo transfer does not result in a pregnancy, a party may terminate the
agreement at any time before a subsequent embryo transfer.
new text end

new text begin (b) Unless a gestational surrogacy agreement provides otherwise, upon a termination of
the agreement under paragraph (a), the parties are released from the agreement, except that
each intended parent remains responsible for expenses that are reimbursable under the
agreement and incurred by the gestational surrogate through the date of termination.
new text end

new text begin (c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate's
spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or
liquidated damages for terminating a gestational surrogacy agreement under this section.
new text end

Sec. 16.

new text begin [257E.36] PARENTAGE UNDER GESTATIONAL SURROGACY
AGREEMENT.
new text end

new text begin (a) Except as otherwise provided in paragraph (c) or section 257E.37, paragraph (b), or
257E.40, on birth of a child conceived by assisted reproduction under a gestational surrogacy
agreement, each intended parent is, by operation of law, a parent of the child.
new text end

new text begin (b) Except as otherwise provided in paragraph (c) or section 257E.39, neither a gestational
surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.
new text end

new text begin (c) If a child is alleged to be a genetic child of the individual who agreed to be a
gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic
child of the individual who agreed to be a gestational surrogate, parentage must be determined
based on sections 257.51 to 257.74.
new text end

new text begin (d) Except as otherwise provided in paragraph (c) or section 257E.37, paragraph (b), or
257E.39, if, due to a clinical or laboratory error, a child conceived by assisted reproduction
under a gestational surrogacy agreement is not genetically related to an intended parent or
a donor who donated to the intended parent or parents, each intended parent and not the
gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the
child, subject to any other claim of parentage.
new text end

Sec. 17.

new text begin [257E.37] PARENTAGE OF DECEASED INTENDED PARENT.
new text end

new text begin (a) Section 257E.36 applies to an intended parent even if the intended parent died during
the period between the transfer of a gamete or embryo and the birth of the child.
new text end

new text begin (b) Except as otherwise provided in section 257E.39, an intended parent is not a parent
of a child conceived by assisted reproduction under a gestational surrogacy agreement if
the intended parent dies before the transfer of a gamete or embryo unless:
new text end

new text begin (1) the agreement provides otherwise; and
new text end

new text begin (2) the transfer of a gamete or embryo occurs not later than 36 months after the death
of the intended parent or the birth of the child occurs not later than 45 months after the death
of the intended parent.
new text end

Sec. 18.

new text begin [257E.38] ORDER OF PARENTAGE.
new text end

new text begin (a) Except as otherwise provided in section 257E.36, paragraph (c), or 257E.39, before,
on, or after the birth of a child conceived by assisted reproduction under a gestational
surrogacy agreement, a party to the agreement may commence a proceeding in the district
court for an order or a judgment:
new text end

new text begin (1) declaring that each intended parent is a parent of the child and ordering that parental
rights and duties vest immediately on the birth of the child exclusively in each intended
parent;
new text end

new text begin (2) declaring that the gestational surrogate and the surrogate's spouse or former spouse,
if any, are not the parents of the child;
new text end

new text begin (3) designating the content of the birth record in accordance with applicable law and
directing the Office of Vital Records to designate each intended parent as a parent of the
child;
new text end

new text begin (4) to protect the privacy of the child and the parties, declaring that the court record is
not open to inspection except as authorized under section 257E.33;
new text end

new text begin (5) if necessary, that the child be surrendered to the intended parent or parents; and
new text end

new text begin (6) for other relief the court determines necessary and proper.
new text end

new text begin (b) The court may issue an order or judgment under paragraph (a) before the birth of
the child. The court shall stay enforcement of the order or judgment until the birth of the
child.
new text end

new text begin (c) Neither this state nor the Office of Vital Records is a necessary party to a proceeding
under paragraph (a).
new text end

Sec. 19.

new text begin [257E.39] EFFECT OF AGREEMENT.
new text end

new text begin (a) A gestational surrogacy agreement that complies with sections 257E.30 and 257E.31
is enforceable.
new text end

new text begin (b) If a child was conceived by assisted reproduction under a gestational surrogacy
agreement that does not comply with sections 257E.30 and 257E.31, the court shall determine
the rights and duties of the parties to the agreement consistent with the intent of the parties
at the time of the execution of the agreement. Each party to the agreement and any individual
who at the time of the execution of the agreement was a spouse of a party to the agreement
has standing to maintain a proceeding to adjudicate an issue related to the enforcement of
the agreement.
new text end

new text begin (c) Except as expressly provided in a gestational surrogacy agreement or paragraph (d)
or (e), if the agreement is breached by the gestational surrogate or one or more intended
parents, the nonbreaching party is entitled to the remedies available at law or in equity.
new text end

new text begin (d) Specific performance is not a remedy available for breach by a gestational surrogate
of a provision in the agreement that the gestational surrogate be impregnated, terminate or
not terminate a pregnancy, or submit to medical procedures.
new text end

new text begin (e) Except as otherwise provided in paragraph (d), if an intended parent is determined
to be a parent of the child, specific performance is a remedy available for:
new text end

new text begin (1) a breach of the agreement by a gestational surrogate which prevents the intended
parent from exercising immediately on birth of the child the full rights of parentage; or
new text end

new text begin (2) a breach by the intended parent which prevents the intended parent's acceptance,
immediately upon the birth of the child conceived by assisted reproduction under the
agreement, of the duties of parentage.
new text end

INFORMATION ABOUT DONOR

Sec. 20.

new text begin [257E.50] DEFINITIONS.
new text end

new text begin For the purposes of sections 257E.51 to 257E.55:
new text end

new text begin (1) "identifying information" means:
new text end

new text begin (i) the full name of a donor;
new text end

new text begin (ii) the date of birth of the donor; and
new text end

new text begin (iii) the permanent and, if different, current address, telephone number, and email address
of the donor at the time of the donation; and
new text end

new text begin (2) "medical history" means information regarding any:
new text end

new text begin (i) present relevant chronic illness of a donor;
new text end

new text begin (ii) past relevant chronic illness of the donor; and
new text end

new text begin (iii) social, genetic, and family history pertaining to the health of the donor.
new text end

Sec. 21.

new text begin [257E.51] APPLICABILITY.
new text end

new text begin Sections 257E.51 to 257E.55 apply only to gametes collected on or after the effective
date of this chapter.
new text end

Sec. 22.

new text begin [257E.52] COLLECTION OF INFORMATION.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state shall collect from a donor the
donor's identifying information and medical history at the time of the donation.
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state that receives gametes of a donor
collected by another gamete bank or fertility clinic shall collect the name, address, telephone
number, and email address of the gamete bank or fertility clinic from which it received the
gametes.
new text end

new text begin (c) A gamete bank or fertility clinic licensed in this state shall disclose the information
collected under paragraphs (a) and (b) as provided under section 257E.54.
new text end

Sec. 23.

new text begin [257E.53] DONOR DISCLOSURE; RECORD.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state that collects gametes from a
donor shall provide the donor with information about the donor's choice regarding identity
disclosure and obtain a declaration from the donor regarding identity disclosure consistent
with paragraph (b).
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state shall give a donor the choice
to sign a declaration, attested by a notarial officer or witnessed, that either:
new text end

new text begin (1) states that the donor agrees to disclose the donor's identity to a child conceived by
assisted reproduction with the donor's gametes upon request once the child attains 18 years
of age; or
new text end

new text begin (2) states that the donor does not presently agree to disclose the donor's identity to the
child.
new text end

new text begin (c) A gamete bank or fertility clinic licensed in this state shall permit a donor who has
signed a declaration under paragraph (b), clause (2), to withdraw the declaration at any time
by signing a declaration under paragraph (b), clause (1).
new text end

Sec. 24.

new text begin [257E.54] DISCLOSURE OF IDENTIFYING INFORMATION AND
MEDICAL HISTORY.
new text end

new text begin (a) Upon the request of a child conceived by assisted reproduction who attains 18 years
of age, a gamete bank or fertility clinic licensed in this state that collected the gametes used
in the assisted reproduction shall provide the child with the name, date of birth, and medical
history of the donor who provided the gamete, unless the donor signed and did not withdraw
a declaration under section 257E.53, paragraph (b), clause (2).
new text end

new text begin (b) Regardless of whether a child has made a request under paragraph (a), upon the
request of a child conceived by assisted reproduction who attains 18 years of age, or, if the
child is a minor, of a parent or guardian of the child, a gamete bank or fertility clinic licensed
in this state that collected the gametes used in the assisted reproduction shall provide the
child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying
medical history of the donor.
new text end

new text begin (c) Upon the request of a child conceived by assisted reproduction who attains 18 years
of age, or, if the child is a minor, of a parent or guardian of the child, a gamete bank or
fertility clinic licensed in this state that received the gametes used in the assisted reproduction
from another gamete bank or fertility clinic shall disclose to the child or, if the child is a
minor, the parent or guardian of the child, the name, address, telephone number, and email
address of the gamete bank or fertility clinic from which it received the gametes.
new text end

Sec. 25.

new text begin [257E.55] RECORDKEEPING.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state that collects gametes for use
in assisted reproduction shall maintain identifying information and medical history about
each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete
screening and testing and comply with reporting requirements, in accordance with federal
law and the applicable law of this state other than this chapter.
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state that receives gametes from
another gamete bank or fertility clinic shall maintain the name, address, telephone number,
and email address of the gamete bank or fertility clinic from which it received the gametes.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 257.56, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H3567-1

257.56 ARTIFICIAL INSEMINATION.

Subdivision 1.

Husband treated as biological father.

If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the biological father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The consent must be retained by the physician for at least four years after the confirmation of a pregnancy that occurs during the process of artificial insemination.

All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.

Subd. 2.

Donor not treated as biological father.

The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the biological father of a child thereby conceived.