1.1 	A bill for an act
1.2 	relating to civil law; updating rights and responsibilities relating to assisted 
1.3 	reproduction; creating requirements for surrogacy agreements; providing 
1.4 	recordkeeping and information sharing for genetic donation;proposing coding for 
1.5 	new law as Minnesota Statutes, chapter 257E; repealing Minnesota Statutes 2022, 
1.6 	section 257.56.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 	DEFINITIONS

1.9 	Section 1. [257E.10] DEFINITIONS.
1.10 		Subdivision 1.Definitions. For purposes of this chapter, the following terms have the 
1.11 	meanings given.
1.12 		Subd. 2.Assisted reproduction. "Assisted reproduction" means a method of causing 
1.13 	pregnancy other than sexual intercourse. The term includes:
1.14 	(1) intrauterine, intracervical, or vaginal insemination;
1.15 	(2) the donation of gametes;
1.16 	(3) the donation of embryos;
1.17 	(4) in vitro fertilization and transfer of embryos; and
1.18 	(5) intracytoplasmic sperm injection.
1.19 		Subd. 3.Birth. "Birth" includes stillbirth.
1.20 		Subd. 4.Determination of parentage. "Determination of parentage" means the 
1.21 	establishment of a parent-child relationship by a judicial or administrative proceeding or 
1.22 	signing of a valid acknowledgment of parentage under the laws of the state.
2.1 		Subd. 5.Donor. "Donor" means an individual who provides gametes intended for use 
2.2 	in assisted reproduction, whether or not for consideration. The term does not include:
2.3 	(1) an individual who gives birth to a child conceived by assisted reproduction, except 
2.4 	as otherwise provided in sections 257E.30 to 257E.39; or
2.5 	(2) a parent using assisted reproduction under sections 257E.20 to 257E.27 or an intended 
2.6 	parent under a gestational surrogacy agreement under sections 257E.30 to 257E.39.
2.7 		Subd. 6.Gamete. "Gamete" means a sperm or an egg.
2.8 		Subd. 7.Genetic testing. "Genetic testing" means an analysis of genetic markers to 
2.9 	identify or exclude a genetic relationship.
2.10 		Subd. 8.Gestational surrogate. "Gestational surrogate" means an individual who is 
2.11 	not an intended parent and who agrees to become pregnant through assisted reproduction 
2.12 	using gametes that are not their own, under a gestational surrogacy agreement as provided 
2.13 	in this chapter.
2.14 		Subd. 9.Intended parent. "Intended parent" means an individual, married or unmarried, 
2.15 	who manifests an intent to be legally bound as a parent of a child conceived by assisted 
2.16 	reproduction.
2.17 		Subd. 10.Parent. "Parent" means an individual who is the legal parent of a child under 
2.18 	the laws of the state.
2.19 		Subd. 11.Parentage; parent-child relationship. "Parentage" or "parent-child 
2.20 	relationship" means the legal relationship between a child and a parent of the child.
2.21 		Subd. 12.Presumed parent. "Presumed parent" means an individual who under sections 
2.22 	257.51 to 257.74 is presumed to be a parent of a child, unless the presumption is overcome 
2.23 	in a judicial proceeding, a valid denial of parentage is made under this chapter, or a court 
2.24 	adjudicates the individual to be a parent.
2.25 		Subd. 13.Surrogacy agreement. "Surrogacy agreement" means an agreement between 
2.26 	one or more intended parents and an individual who is not an intended parent in which the 
2.27 	individual agrees to become pregnant through assisted reproduction and that provides that 
2.28 	each intended parent is a parent of a child conceived under the agreement.
2.29 		Subd. 14.Transfer. "Transfer" means a procedure for assisted reproduction by which 
2.30 	an embryo or sperm is placed in the body of the individual who will give birth to the child.
3.1 	ASSISTED REPRODUCTION WITHOUT SURROGACY

3.2 	Sec. 2. [257E.20] SCOPE.
3.3 	Sections 257E.20 to 257E.27 do not apply to the birth of a child conceived by sexual 
3.4 	intercourse or assisted reproduction under a surrogacy agreement under sections 257E.30 
3.5 	to 257E.39.

3.6 	Sec. 3. [257E.21] PARENTAL STATUS OF DONOR.
3.7 	A donor is not a parent of a child conceived by assisted reproduction.

3.8 	Sec. 4. [257E.22] PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
3.9 	An individual who consents under section 257E.23 to assisted reproduction by another 
3.10 	individual with the intent to be a parent of a child conceived by the assisted reproduction 
3.11 	is a parent of the child.

3.12 	Sec. 5. [257E.23] CONSENT TO ASSISTED REPRODUCTION.
3.13 	(a) Except as otherwise provided in paragraph (b), the consent described in section 
3.14 	257E.22 must be in a record signed by the individual giving birth to a child conceived by 
3.15 	assisted reproduction and an individual who intends to be a parent of the child.
3.16 	(b) Failure to consent in a record as required by paragraph (a), before, on, or after the 
3.17 	birth of the child, does not preclude the court from finding consent to parentage if:
3.18 	(1) the individual giving birth to a child or the individual proves by clear and convincing 
3.19 	evidence the existence of an express agreement entered into before conception that the 
3.20 	individual and the individual giving birth to the child intended they both would be parents 
3.21 	of the child; or
3.22 	(2) the individual giving birth to a child and the individual for the first two years of the 
3.23 	child's life, including any period of temporary absence, resided together in the same 
3.24 	household with the child and both openly held out the child as the individual's child, unless 
3.25 	the individual dies or becomes incapacitated before the child attains two years of age or the 
3.26 	child dies before the child attains two years of age, in which case the court may find consent 
3.27 	under this paragraph to parentage if a party proves by clear and convincing evidence that 
3.28 	the individual giving birth to the child and the individual intended to reside together in the 
3.29 	same household with the child and both intended the individual would openly hold out the 
3.30 	child as the individual's child, but the individual was prevented from carrying out that intent 
3.31 	by death or incapacity.

4.1 	Sec. 6. [257E.24] SPOUSE'S DISPUTE OF PARENTAGE; LIMITATIONS.
4.2 	(a) Except as otherwise provided in paragraph (b), an individual who, at the time of a 
4.3 	child's birth, is the spouse of the individual who gave birth to the child by assisted 
4.4 	reproduction may not challenge the individual's parentage of the child unless:
4.5 	(1) not later than two years after the birth of the child, the individual commences a 
4.6 	proceeding to adjudicate the individual's parentage of the child; and
4.7 	(2) the court finds the individual did not consent to the assisted reproduction, before, 
4.8 	on, or after birth of the child, or withdrew consent under section 257E.26.
4.9 	(b) A proceeding to adjudicate a spouse's parentage of a child born by assisted 
4.10 	reproduction may be commenced at any time if the court determines:
4.11 	(1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
4.12 	(2) the spouse and the individual who gave birth to the child have not cohabited since 
4.13 	the probable time of assisted reproduction; and
4.14 	(3) the spouse never openly held out the child as the spouse's child.
4.15 	(c) This section applies to a spouse's dispute of parentage even if the spouse's marriage 
4.16 	is declared invalid after assisted reproduction occurs.

4.17 	Sec. 7. [257E.25] EFFECT OF DISSOLUTION.
4.18 	If a marriage of an individual who gives birth to a child conceived by assisted 
4.19 	reproduction is terminated through divorce or dissolution, subject to legal separation or 
4.20 	separate maintenance, is declared invalid, or is annulled before the transfer of gametes or 
4.21 	embryos to the individual giving birth to the child, a former spouse of the individual giving 
4.22 	birth to the child is not a parent of the child unless the former spouse consented in a record 
4.23 	that the former spouse would be a parent of the child if assisted reproduction were to occur 
4.24 	after a divorce, dissolution, annulment, declaration of invalidity, legal separation, or separate 
4.25 	maintenance, and the former spouse did not withdraw consent under section 257E.26.

4.26 	Sec. 8. [257E.26] WITHDRAWAL OF CONSENT.
4.27 	(a) An individual who consents under section 257E.23 to assisted reproduction may 
4.28 	withdraw consent any time before a transfer that results in a pregnancy by giving notice in 
4.29 	a record of the withdrawal of consent to the individual who agreed to give birth to a child 
4.30 	conceived by assisted reproduction and to any clinic or health care provider facilitating the 
5.1 	assisted reproduction. Failure to give notice to the clinic or health care provider does not 
5.2 	affect a determination of parentage under this chapter.
5.3 	(b) An individual who withdraws consent under paragraph (a) is not a parent of the child 
5.4 	under sections 257E.20 to 257E.27.

5.5 	Sec. 9. [257E.27] PARENTAL STATUS OF DECEASED INDIVIDUAL.
5.6 	(a) If an individual who intends to be a parent of a child conceived by assisted 
5.7 	reproduction dies during the period between the transfer of a gamete or embryo and the 
5.8 	birth of the child, the individual's death does not preclude the establishment of the individual's 
5.9 	parentage of the child if the individual otherwise would be a parent of the child under this 
5.10 	chapter.
5.11 	(b) If an individual who consented in a record to assisted reproduction by an individual 
5.12 	who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased 
5.13 	individual is a parent of a child conceived by the assisted reproduction only if:
5.14 	(1) either:
5.15 	(i) the individual consented in a record that if assisted reproduction were to occur after 
5.16 	the death of the individual, the individual would be a parent of the child; or
5.17 	(ii) the individual's intent to be a parent of a child conceived by assisted reproduction 
5.18 	after the individual's death is established by clear and convincing evidence; and
5.19 	(2) either:
5.20 	(i) the embryo is in utero not later than 36 months after the individual's death; or
5.21 	(ii) the child is born not later than 45 months after the individual's death.
5.22 	GESTATIONAL SURROGACY AGREEMENTS

5.23 	Sec. 10. [257E.30] PARTIES ELIGIBLE TO ENTER INTO AGREEMENT.
5.24 		Subdivision 1.Gestational surrogate. To execute an agreement to act as a gestational 
5.25 	surrogate, an individual must:
5.26 	(1) have attained 21 years of age;
5.27 	(2) previously have given birth to at least one child;
5.28 	(3) complete a medical evaluation related to the surrogacy arrangement by a licensed 
5.29 	medical doctor;
5.30 	(4) complete a mental health consultation by a licensed mental health professional; and
6.1 	(5) have independent legal representation of their choice throughout the surrogacy 
6.2 	arrangement regarding the terms of the surrogacy agreement and the potential legal 
6.3 	consequences of the agreement.
6.4 		Subd. 2.Intended parent. To execute a surrogacy agreement, each intended parent, 
6.5 	whether or not genetically related to the child, must:
6.6 	(1) have attained 21 years of age; and
6.7 	(2) have independent legal representation of the intended parent's choice throughout the 
6.8 	surrogacy arrangement regarding the terms of the surrogacy agreement and the potential 
6.9 	legal consequences of the agreement.

6.10 	Sec. 11. [257E.31] GESTATIONAL SURROGACY AGREEMENT 
6.11 	REQUIREMENTS.
6.12 		Subdivision 1.Procedural requirements. A surrogacy agreement must be executed in 
6.13 	compliance with the following rules:
6.14 	(1) at least one party must be a resident of this state or, if no party is a resident of this 
6.15 	state, at least one procedure under the agreement must occur in this state;
6.16 	(2) a surrogate and each intended parent must meet the requirements of section 257E.30;
6.17 	(3) each intended parent, the surrogate, and the surrogate's spouse, if any, must be parties 
6.18 	to the agreement;
6.19 	(4) the agreement must be in a record signed by each party listed in clause (3);
6.20 	(5) the surrogate and each intended parent must acknowledge in a record receipt of a 
6.21 	copy of the agreement;
6.22 	(6) the signature of each party to the agreement must be attested by a notarial officer or 
6.23 	witnessed;
6.24 	(7) the surrogate and the intended parent or parents must have independent legal 
6.25 	representation throughout the surrogacy arrangement regarding the terms of the surrogacy 
6.26 	agreement and the potential legal consequences of the agreement and each counsel must be 
6.27 	identified in the surrogacy agreement;
6.28 	(8) the intended parent or parents must pay for independent legal representation for the 
6.29 	surrogate; and
6.30 	(9) the agreement must be executed before a procedure occurs related to the surrogacy 
6.31 	agreement.
7.1 		Subd. 2.Substantive requirements. A surrogacy agreement must comply with the 
7.2 	following requirements:
7.3 	(1) a surrogate agrees to attempt to become pregnant by means of assisted reproduction;
7.4 	(2) except as otherwise provided in section 257E.38, the surrogate and the surrogate's 
7.5 	spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted 
7.6 	reproduction under the agreement;
7.7 	(3) the surrogate's spouse, if any, must acknowledge and agree to comply with the 
7.8 	obligations imposed on the surrogate by the agreement;
7.9 	(4) except as otherwise provided in section 257E.38, the intended parent or, if there are 
7.10 	two intended parents, each one jointly and severally, immediately on birth will be the 
7.11 	exclusive parent or parents of the child, regardless of the number of children born or gender 
7.12 	or mental or physical condition of each child;
7.13 	(5) except as otherwise provided in section 257E.38, the intended parent or, if there are 
7.14 	two intended parents, each parent jointly and severally, immediately on birth will assume 
7.15 	responsibility for the financial support of the child, regardless of the number of children 
7.16 	born or gender or mental or physical condition of each child;
7.17 	(6) the agreement must include information disclosing how each intended parent will 
7.18 	cover the surrogacy-related expenses of the surrogate and the medical expenses of the child. 
7.19 	If health care coverage is used to cover the medical expenses, the disclosure must include 
7.20 	a summary of the health care policy provisions related to coverage for surrogate pregnancy, 
7.21 	including any possible liability of the surrogate, third party liability liens, other insurance 
7.22 	coverage, and any notice requirement that could affect the coverage or liability of the 
7.23 	surrogate. Unless the agreement expressly provides otherwise, the review and disclosure 
7.24 	do not constitute legal advice. If the extent of coverage is uncertain, a statement of that fact 
7.25 	is sufficient to comply with this clause;
7.26 	(7) the agreement must permit the surrogate to make all health and welfare decisions 
7.27 	regarding themselves and their pregnancy. This chapter does not enlarge or diminish the 
7.28 	surrogate's right to terminate the pregnancy; and
7.29 	(8) the agreement must include information about each party's right under sections 
7.30 	257E.30 to 257E.39 to terminate the surrogacy agreement.
7.31 		Subd. 3.Payment and reimbursement. A surrogacy agreement may provide for:
7.32 	(1) the payment of consideration and reasonable expenses; and
8.1 	(2) reimbursement of specific expenses if the agreement is terminated under sections 
8.2 	257E.30 to 257E.39.
8.3 		Subd. 4.Nonassignable. A right created under a surrogacy agreement is not assignable 
8.4 	and there is no third-party beneficiary of the agreement other than the child.

8.5 	Sec. 12. [257E.32] EFFECT OF SUBSEQUENT CHANGE OF MARITAL STATUS.
8.6 	(a) Unless a surrogacy agreement expressly provides otherwise:
8.7 	(1) the marriage of a surrogate after the agreement is signed by all parties does not affect 
8.8 	the validity of the agreement, the surrogate's spouse's consent to the agreement is not required, 
8.9 	and the surrogate's spouse is not a presumed parent of a child conceived by assisted 
8.10 	reproduction under the agreement; and
8.11 	(2) the divorce, dissolution, annulment, declaration of invalidity, legal separation, or 
8.12 	separate maintenance of the surrogate after the agreement is signed by all parties does not 
8.13 	affect the validity of the agreement.
8.14 	(b) Unless a surrogacy agreement expressly provides otherwise:
8.15 	(1) the marriage of an intended parent after the agreement is signed by all parties does 
8.16 	not affect the validity of a surrogacy agreement, the consent of the spouse of the intended 
8.17 	parent is not required, and the spouse of the intended parent is not, based on the agreement, 
8.18 	a parent of a child conceived by assisted reproduction under the agreement; and
8.19 	(2) the divorce, dissolution, annulment, declaration of invalidity, legal separation, or 
8.20 	separate maintenance of an intended parent after the agreement is signed by all parties does 
8.21 	not affect the validity of the agreement and the intended parents are the parents of the child.

8.22 	Sec. 13. [257E.33] INSPECTION OF DOCUMENTS.
8.23 	Unless the court orders otherwise, a petition and any other document related to a 
8.24 	surrogacy agreement filed with the court under sections 257E.30 to 257E.34 are not open 
8.25 	to inspection by any individual other than the parties to the proceeding, a child conceived 
8.26 	by assisted reproduction under the agreement, their attorneys, and the relevant state agency. 
8.27 	A court may not authorize an individual to inspect a document related to the agreement, 
8.28 	unless required by exigent circumstances. The individual seeking to inspect the document 
8.29 	may be required to pay the expense of preparing a copy of the document to be inspected.

9.1 	Sec. 14. [257E.34] EXCLUSIVE, CONTINUING JURISDICTION.
9.2 	During the period after the execution of a surrogacy agreement until 90 days after the 
9.3 	birth of a child conceived by assisted reproduction under the agreement, a court of this state 
9.4 	conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all 
9.5 	matters arising out of the agreement. This section does not give the court jurisdiction over 
9.6 	a child custody or child support proceeding if jurisdiction is not otherwise authorized by 
9.7 	law of this state other than this chapter.

9.8 	Sec. 15. [257E.35] TERMINATION OF GESTATIONAL SURROGACY 
9.9 	AGREEMENT.
9.10 	(a) A party to a gestational surrogacy agreement may terminate the agreement, at any 
9.11 	time before an embryo transfer, by giving notice of termination in a record to all other 
9.12 	parties. If an embryo transfer does not result in a pregnancy, a party may terminate the 
9.13 	agreement at any time before a subsequent embryo transfer.
9.14 	(b) Unless a gestational surrogacy agreement provides otherwise, upon a termination of 
9.15 	the agreement under paragraph (a), the parties are released from the agreement, except that 
9.16 	each intended parent remains responsible for expenses that are reimbursable under the 
9.17 	agreement and incurred by the gestational surrogate through the date of termination.
9.18 	(c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate's 
9.19 	spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or 
9.20 	liquidated damages for terminating a gestational surrogacy agreement under this section.

9.21 	Sec. 16. [257E.36] PARENTAGE UNDER GESTATIONAL SURROGACY 
9.22 	AGREEMENT.
9.23 	(a) Except as otherwise provided in paragraph (c) or section 257E.37, paragraph (b), or 
9.24 	257E.40, on birth of a child conceived by assisted reproduction under a gestational surrogacy 
9.25 	agreement, each intended parent is, by operation of law, a parent of the child.
9.26 	(b) Except as otherwise provided in paragraph (c) or section 257E.39, neither a gestational 
9.27 	surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.
9.28 	(c) If a child is alleged to be a genetic child of the individual who agreed to be a 
9.29 	gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic 
9.30 	child of the individual who agreed to be a gestational surrogate, parentage must be determined 
9.31 	based on sections 257.51 to 257.74.
10.1 	(d) Except as otherwise provided in paragraph (c) or section 257E.37, paragraph (b), or 
10.2 	257E.39, if, due to a clinical or laboratory error, a child conceived by assisted reproduction 
10.3 	under a gestational surrogacy agreement is not genetically related to an intended parent or 
10.4 	a donor who donated to the intended parent or parents, each intended parent and not the 
10.5 	gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the 
10.6 	child, subject to any other claim of parentage.

10.7 	Sec. 17. [257E.37] PARENTAGE OF DECEASED INTENDED PARENT.
10.8 	(a) Section 257E.36 applies to an intended parent even if the intended parent died during 
10.9 	the period between the transfer of a gamete or embryo and the birth of the child.
10.10 	(b) Except as otherwise provided in section 257E.39, an intended parent is not a parent 
10.11 	of a child conceived by assisted reproduction under a gestational surrogacy agreement if 
10.12 	the intended parent dies before the transfer of a gamete or embryo unless:
10.13 	(1) the agreement provides otherwise; and
10.14 	(2) the transfer of a gamete or embryo occurs not later than 36 months after the death 
10.15 	of the intended parent or the birth of the child occurs not later than 45 months after the death 
10.16 	of the intended parent.

10.17 	Sec. 18. [257E.38] ORDER OF PARENTAGE.
10.18 	(a) Except as otherwise provided in section 257E.36, paragraph (c), or 257E.39, before, 
10.19 	on, or after the birth of a child conceived by assisted reproduction under a gestational 
10.20 	surrogacy agreement, a party to the agreement may commence a proceeding in the district 
10.21 	court for an order or a judgment:
10.22 	(1) declaring that each intended parent is a parent of the child and ordering that parental 
10.23 	rights and duties vest immediately on the birth of the child exclusively in each intended 
10.24 	parent;
10.25 	(2) declaring that the gestational surrogate and the surrogate's spouse or former spouse, 
10.26 	if any, are not the parents of the child;
10.27 	(3) designating the content of the birth record in accordance with applicable law and 
10.28 	directing the Office of Vital Records to designate each intended parent as a parent of the 
10.29 	child;
10.30 	(4) to protect the privacy of the child and the parties, declaring that the court record is 
10.31 	not open to inspection except as authorized under section 257E.33;
11.1 	(5) if necessary, that the child be surrendered to the intended parent or parents; and
11.2 	(6) for other relief the court determines necessary and proper.
11.3 	(b) The court may issue an order or judgment under paragraph (a) before the birth of 
11.4 	the child. The court shall stay enforcement of the order or judgment until the birth of the 
11.5 	child.
11.6 	(c) Neither this state nor the Office of Vital Records is a necessary party to a proceeding 
11.7 	under paragraph (a).

11.8 	Sec. 19. [257E.39] EFFECT OF AGREEMENT.
11.9 	(a) A gestational surrogacy agreement that complies with sections 257E.30 and 257E.31 
11.10 	is enforceable.
11.11 	(b) If a child was conceived by assisted reproduction under a gestational surrogacy 
11.12 	agreement that does not comply with sections 257E.30 and 257E.31, the court shall determine 
11.13 	the rights and duties of the parties to the agreement consistent with the intent of the parties 
11.14 	at the time of the execution of the agreement. Each party to the agreement and any individual 
11.15 	who at the time of the execution of the agreement was a spouse of a party to the agreement 
11.16 	has standing to maintain a proceeding to adjudicate an issue related to the enforcement of 
11.17 	the agreement.
11.18 	(c) Except as expressly provided in a gestational surrogacy agreement or paragraph (d) 
11.19 	or (e), if the agreement is breached by the gestational surrogate or one or more intended 
11.20 	parents, the nonbreaching party is entitled to the remedies available at law or in equity.
11.21 	(d) Specific performance is not a remedy available for breach by a gestational surrogate 
11.22 	of a provision in the agreement that the gestational surrogate be impregnated, terminate or 
11.23 	not terminate a pregnancy, or submit to medical procedures.
11.24 	(e) Except as otherwise provided in paragraph (d), if an intended parent is determined 
11.25 	to be a parent of the child, specific performance is a remedy available for:
11.26 	(1) a breach of the agreement by a gestational surrogate which prevents the intended 
11.27 	parent from exercising immediately on birth of the child the full rights of parentage; or
11.28 	(2) a breach by the intended parent which prevents the intended parent's acceptance, 
11.29 	immediately upon the birth of the child conceived by assisted reproduction under the 
11.30 	agreement, of the duties of parentage.
12.1 	INFORMATION ABOUT DONOR

12.2 	Sec. 20. [257E.50] DEFINITIONS.
12.3 	For the purposes of sections 257E.51 to 257E.55:
12.4 	(1) "identifying information" means:
12.5 	(i) the full name of a donor;
12.6 	(ii) the date of birth of the donor; and
12.7 	(iii) the permanent and, if different, current address, telephone number, and email address 
12.8 	of the donor at the time of the donation; and
12.9 	(2) "medical history" means information regarding any:
12.10 	(i) present relevant chronic illness of a donor;
12.11 	(ii) past relevant chronic illness of the donor; and
12.12 	(iii) social, genetic, and family history pertaining to the health of the donor.

12.13 	Sec. 21. [257E.51] APPLICABILITY.
12.14 	Sections 257E.51 to 257E.55 apply only to gametes collected on or after the effective 
12.15 	date of this chapter.

12.16 	Sec. 22. [257E.52] COLLECTION OF INFORMATION.
12.17 	(a) A gamete bank or fertility clinic licensed in this state shall collect from a donor the 
12.18 	donor's identifying information and medical history at the time of the donation.
12.19 	(b) A gamete bank or fertility clinic licensed in this state that receives gametes of a donor 
12.20 	collected by another gamete bank or fertility clinic shall collect the name, address, telephone 
12.21 	number, and email address of the gamete bank or fertility clinic from which it received the 
12.22 	gametes.
12.23 	(c) A gamete bank or fertility clinic licensed in this state shall disclose the information 
12.24 	collected under paragraphs (a) and (b) as provided under section 257E.54.

12.25 	Sec. 23. [257E.53] DONOR DISCLOSURE; RECORD.
12.26 	(a) A gamete bank or fertility clinic licensed in this state that collects gametes from a 
12.27 	donor shall provide the donor with information about the donor's choice regarding identity 
13.1 	disclosure and obtain a declaration from the donor regarding identity disclosure consistent 
13.2 	with paragraph (b).
13.3 	(b) A gamete bank or fertility clinic licensed in this state shall give a donor the choice 
13.4 	to sign a declaration, attested by a notarial officer or witnessed, that either:
13.5 	(1) states that the donor agrees to disclose the donor's identity to a child conceived by 
13.6 	assisted reproduction with the donor's gametes upon request once the child attains 18 years 
13.7 	of age; or
13.8 	(2) states that the donor does not presently agree to disclose the donor's identity to the 
13.9 	child.
13.10 	(c) A gamete bank or fertility clinic licensed in this state shall permit a donor who has 
13.11 	signed a declaration under paragraph (b), clause (2), to withdraw the declaration at any time 
13.12 	by signing a declaration under paragraph (b), clause (1).

13.13 	Sec. 24. [257E.54] DISCLOSURE OF IDENTIFYING INFORMATION AND 
13.14 	MEDICAL HISTORY.
13.15 	(a) Upon the request of a child conceived by assisted reproduction who attains 18 years 
13.16 	of age, a gamete bank or fertility clinic licensed in this state that collected the gametes used 
13.17 	in the assisted reproduction shall provide the child with the name, date of birth, and medical 
13.18 	history of the donor who provided the gamete, unless the donor signed and did not withdraw 
13.19 	a declaration under section 257E.53, paragraph (b), clause (2).
13.20 	(b) Regardless of whether a child has made a request under paragraph (a), upon the 
13.21 	request of a child conceived by assisted reproduction who attains 18 years of age, or, if the 
13.22 	child is a minor, of a parent or guardian of the child, a gamete bank or fertility clinic licensed 
13.23 	in this state that collected the gametes used in the assisted reproduction shall provide the 
13.24 	child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying 
13.25 	medical history of the donor.
13.26 	(c) Upon the request of a child conceived by assisted reproduction who attains 18 years 
13.27 	of age, or, if the child is a minor, of a parent or guardian of the child, a gamete bank or 
13.28 	fertility clinic licensed in this state that received the gametes used in the assisted reproduction 
13.29 	from another gamete bank or fertility clinic shall disclose to the child or, if the child is a 
13.30 	minor, the parent or guardian of the child, the name, address, telephone number, and email 
13.31 	address of the gamete bank or fertility clinic from which it received the gametes.

14.1 	Sec. 25. [257E.55] RECORDKEEPING.
14.2 	(a) A gamete bank or fertility clinic licensed in this state that collects gametes for use 
14.3 	in assisted reproduction shall maintain identifying information and medical history about 
14.4 	each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete 
14.5 	screening and testing and comply with reporting requirements, in accordance with federal 
14.6 	law and the applicable law of this state other than this chapter.
14.7 	(b) A gamete bank or fertility clinic licensed in this state that receives gametes from 
14.8 	another gamete bank or fertility clinic shall maintain the name, address, telephone number, 
14.9 	and email address of the gamete bank or fertility clinic from which it received the gametes.

14.10 	Sec. 26. REPEALER.
 14.11 	Minnesota Statutes 2022, section 257.56, is repealed.

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.