HF 792

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to assisted reproduction; authorizing 
  1.3             gestational surrogacy agreements; proposing coding for 
  1.4             new law as Minnesota Statutes, chapter 257D. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [257D.01] [TITLE.] 
  1.7      This chapter may be cited as the "Assisted Reproduction 
  1.8   Act." 
  1.9      Sec. 2.  [257D.02] [DEFINITIONS.] 
  1.10     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.11  section apply to this chapter. 
  1.12     Subd. 2.  [ANONYMOUS DONOR.] "Anonymous donor" means an 
  1.13  individual who is not an intended parent, who provides gametes 
  1.14  used for assisted reproduction, and whose identity is not known 
  1.15  to an intended parent. 
  1.16     Subd. 3.  [ASSISTED REPRODUCTION.] "Assisted reproduction" 
  1.17  means an attempt to achieve a pregnancy through fertilization of 
  1.18  a woman's egg with a man's sperm by a means other than sexual 
  1.19  intercourse. 
  1.20     Subd. 4.  [ASSISTED REPRODUCTIVE TECHNOLOGY.] "Assisted 
  1.21  reproductive technology" means any treatment provided for the 
  1.22  purpose of achieving assisted reproduction. 
  1.23     Subd. 5.  [COLLABORATIVE REPRODUCTION.] "Collaborative 
  1.24  reproduction" means an attempt, by an intended parent who 
  1.25  provides genetic or gestational components, to create a child 
  2.1   through assisted reproduction that involves one or more 
  2.2   individuals who provide genetic or gestational components, but 
  2.3   who do not intend to rear or have any legal relationship with 
  2.4   the resulting child.  Collaborative reproduction does not 
  2.5   include artificial insemination under section 257.56 or 
  2.6   artificial insemination of an intended parent. 
  2.7      Subd. 6.  [EMBRYO TRANSFER.] "Embryo transfer" means 
  2.8   transferring an embryo into or placing an embryo in the body of 
  2.9   a woman intended to gestate the embryo with the intent to 
  2.10  achieve live birth of a child. 
  2.11     Subd. 7.  [GAMETES.] "Gametes" means male reproductive 
  2.12  cells or female reproductive cells, including sperm or oocytes. 
  2.13     Subd. 8.  [GESTATIONAL SURROGACY AGREEMENT.] "Gestational 
  2.14  surrogacy agreement" means a written agreement between an 
  2.15  intended parent or parents and a gestational surrogate that the 
  2.16  gestational surrogate will gestate and bear a child that is 
  2.17  conceived through assisted reproduction for the intended parent 
  2.18  or parents. 
  2.19     Subd. 9.  [GESTATIONAL SURROGATE.] "Gestational surrogate" 
  2.20  means a woman who is not an intended parent, who enters into an 
  2.21  agreement to gestate and bear a child conceived through assisted 
  2.22  reproduction for an intended parent or parents, and is not 
  2.23  related to the resulting child through the provision of her 
  2.24  gametes. 
  2.25     Subd. 10.  [INTENDED PARENT.] "Intended parent" means an 
  2.26  individual and the individual's spouse, if any, who enter into a 
  2.27  written agreement with a known donor, gestational surrogate, 
  2.28  provider, or another intended parent providing that the intended 
  2.29  parent is legally bound as the parent of any embryo created or 
  2.30  child or children born through assisted reproduction. 
  2.31     Subd. 11.  [KNOWN DONOR.] "Known donor" means an individual 
  2.32  who is not an intended parent, who provides gametes used for 
  2.33  assisted reproduction, and whose identity is known to an 
  2.34  intended parent. 
  2.35     Subd. 12.  [PROVIDER.] "Provider" means any person or 
  2.36  entity who furnishes assisted reproduction health services, is 
  3.1   appropriately credentialed to render assisted reproduction 
  3.2   health services in the state, and has a provider-patient 
  3.3   relationship with one or more intended parent, anonymous or 
  3.4   known donor, or gestational surrogate. 
  3.5      Sec. 3.  [257D.03] [GAMETE DONATION.] 
  3.6      Subdivision 1.  [COMPENSATION AUTHORIZED.] An anonymous or 
  3.7   known donor may receive reasonable compensation for the time, 
  3.8   effort, health risks, and inconvenience the donor experiences in 
  3.9   undergoing evaluation for and in creating and obtaining gametes. 
  3.10     Subd. 2.  [COMPENSATION AMOUNT.] Compensation, as permitted 
  3.11  under this section, may vary depending upon the length of time, 
  3.12  health risk, and degree of inconvenience associated with the 
  3.13  donor's effort.  Notwithstanding this, compensation must not: 
  3.14     (1) with respect to oocyte donation, be dependent upon the 
  3.15  quality or number of oocytes retrieved or embryos created; 
  3.16     (2) with respect to sperm donation, be dependent upon the 
  3.17  quality of sperm provided; or 
  3.18     (3) be conditioned upon the donor's genotypic or phenotypic 
  3.19  characteristics. 
  3.20     Subd. 3.  [PAYMENT OF EXPENSES.] The intended parent must 
  3.21  pay for the full costs of evaluating, testing, and storing a 
  3.22  known donor's gametes, including medical costs, unless the 
  3.23  parties agree in writing otherwise. 
  3.24     Subd. 4.  [DONOR'S SOCIAL AND MEDICAL HISTORY.] At the time 
  3.25  of donation, an anonymous or known donor of gametes must provide 
  3.26  a detailed social and medical history that is required of a 
  3.27  birth parent under section 259.43.  The donor's social and 
  3.28  medical history must not include personal identifiers. 
  3.29     Sec. 4.  [257D.05] [GESTATIONAL SURROGACY MENTAL HEALTH 
  3.30  EVALUATION AND COUNSELING.] 
  3.31     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  3.32  subdivision apply to this section. 
  3.33     (b) "Counseling" means evaluation for the purpose of 
  3.34  assessing a person's suitability to participate in collaborative 
  3.35  reproduction. 
  3.36     (c) "Counselor" means a mental health professional who 
  4.1   meets the requirements of subdivision 2. 
  4.2      (d) "Evaluation" means a meeting in person with a counselor 
  4.3   to conduct a psychological assessment of the individual's 
  4.4   suitability to participate in assisted reproduction and the 
  4.5   individual's understanding and acceptance of the psychological 
  4.6   issues relating to participation. 
  4.7      Subd. 2.  [QUALIFICATION FOR PRACTICE IN ASSISTED 
  4.8   REPRODUCTION COUNSELING.] A person is qualified to practice in 
  4.9   assisted reproduction counseling if the person has: 
  4.10     (1) a master's or doctorate degree in the field of 
  4.11  psychiatry, psychology, mental health counseling, social work, 
  4.12  psychiatric nursing, or marriage and family therapy; 
  4.13     (2) a currently valid credential to practice in the mental 
  4.14  health field in which the person holds a degree as required by 
  4.15  the state in which the individual practices; and 
  4.16     (3) knowledge of the psychosocial issues related to 
  4.17  infertility and collaborative reproduction. 
  4.18     Subd. 3.  [GESTATIONAL SURROGACY MENTAL HEALTH EVALUATION 
  4.19  AND COUNSELING REQUIREMENT.] (a) Before entering a written 
  4.20  gestational surrogacy agreement under section 257D.06, a 
  4.21  prospective gestational surrogate and the intended parent or 
  4.22  parents must have a mental health evaluation and counseling that 
  4.23  meet the requirements under this section. 
  4.24     (b) A provider must not initiate an assisted reproductive 
  4.25  technology procedure that involves the transfer of an embryo 
  4.26  provided by an intended parent to a gestational surrogate until: 
  4.27     (1) the gestational surrogate has an evaluation by a 
  4.28  counselor and is offered additional counseling, if required, at 
  4.29  the expense of the intended parent or parents, for a period up 
  4.30  to 180 days after the birth of the child; 
  4.31     (2) the intended parent or parents each have an evaluation 
  4.32  by a counselor; and 
  4.33     (3) any counselor who meets with the gestational surrogate 
  4.34  or intended parent or parents prepares a written recommendation 
  4.35  (i) stating that the counselor has met with the gestational 
  4.36  surrogate or the intended parent or parents; (ii) stating 
  5.1   whether the gestational surrogate or intended parent or parents 
  5.2   are suitable for participation in collaborative reproduction; 
  5.3   (iii) stating that the gestational surrogate has been offered 
  5.4   the opportunity to receive additional counseling; and (iv) 
  5.5   making any other recommendations the counselor may have. 
  5.6      (c) A provider has no duty to investigate the existence of 
  5.7   a gestational surrogate or intended parent whose identity is not 
  5.8   made known to the provider by the provider's patient or the 
  5.9   parties. 
  5.10     (d) A gestational surrogate or intended parent who receives 
  5.11  an evaluation or counseling under this subdivision may meet with 
  5.12  a counselor of the individual's own choosing. 
  5.13     Subd. 4.  [EVIDENCE OF MEETING COUNSELING 
  5.14  REQUIREMENTS.] The counseling requirements under subdivision 3 
  5.15  are met if: 
  5.16     (1) each counselor who has met with the gestational 
  5.17  surrogate or intended parent or parents prepares a written 
  5.18  recommendation regarding a gestational surrogate's suitability 
  5.19  or the intended parent's or parents' suitability to participate 
  5.20  in collaborative reproduction as required under subdivision 3, 
  5.21  paragraph (b), clause (3); and 
  5.22     (2) the gestational surrogate signs, in the presence of a 
  5.23  notary public, a statement containing the following language: 
  5.24     "I understand that counseling is recommended for a 
  5.25  gestational surrogate involved in assisted reproduction and that 
  5.26  counseling is a separate process from any psychological 
  5.27  evaluation that NAME OF PROVIDER has required me to complete.  
  5.28  NAME OF PROVIDER has given me the option to meet with and 
  5.29  receive counseling from a mental health professional with 
  5.30  specialized knowledge of the social and psychological effect of 
  5.31  collaborative reproduction on participants at the intended 
  5.32  parent's or parents' sole expense.  My signature on this 
  5.33  document indicates that I have met with a counselor and been 
  5.34  offered the opportunity to consult further with a counselor for 
  5.35  a period up to 180 days after the birth of the child, even if I 
  5.36  elect not to receive further counseling." 
  6.1      Subd. 5.  [WRITTEN SUMMARY OF EVALUATION AVAILABLE TO 
  6.2   PARTICIPANTS IN COUNSELING.] A written summary of the 
  6.3   counselor's recommendations regarding the intended parent or 
  6.4   gestational surrogate whom the counselor evaluates may be made 
  6.5   available to the other intended parent or gestational surrogate. 
  6.6   Before the parties enter a gestational surrogacy agreement, a 
  6.7   provider must disclose to a prospective gestational surrogate 
  6.8   and intended parent or parents that an intended parent or 
  6.9   gestational surrogate may request and receive a copy of a 
  6.10  written summary of a counselor's recommendations regarding the 
  6.11  intended parent or parents or gestational surrogate. 
  6.12     Subd. 6.  [CONFIDENTIALITY.] The written summary under 
  6.13  subdivision 5 must only state the conclusion as to whether the 
  6.14  individual is suitable for participation and must not reveal the 
  6.15  detailed reasons for the counselor's recommendations.  Access to 
  6.16  all other counseling records is governed by section 144.335. 
  6.17     Sec. 5.  [257D.06] [GESTATIONAL SURROGACY AGREEMENT.] 
  6.18     Subdivision 1.  [PARTIES; TERMS.] (a) A prospective 
  6.19  gestational surrogate and spouse, if any, a known donor, and 
  6.20  each intended parent must enter into a written agreement 
  6.21  providing that: 
  6.22     (1) at least one intended parent agrees to provide the 
  6.23  intended parent's own gametes to create a child through assisted 
  6.24  reproduction; 
  6.25     (2) the prospective gestational surrogate may not provide 
  6.26  her own gametes to create a child through assisted 
  6.27  reproduction.  The court may waive this prohibition if the 
  6.28  gestational surrogate is a sister of an intended mother; 
  6.29     (3) the prospective gestational surrogate agrees to attempt 
  6.30  to achieve pregnancy by means of assisted reproduction; 
  6.31     (4) the prospective gestational surrogate may attempt to 
  6.32  achieve pregnancy for no more than 18 months from the date of 
  6.33  court approval of the agreement; 
  6.34     (5) the prospective gestational surrogate and spouse, if 
  6.35  any, and a known donor, if any, relinquish all rights and are 
  6.36  free of all duties as the parents of any children conceived 
  7.1   through assisted reproduction and are not the parents of any 
  7.2   such children for any purpose; and 
  7.3      (6) the intended parent or parents become the parent or 
  7.4   parents of any child or children conceived through assisted 
  7.5   reproduction, regardless of the number, health, or physical 
  7.6   condition of the resulting child or children. 
  7.7      (b) If the intended parent is married, the spouse of the 
  7.8   intended parent must be a party to the gestational surrogacy 
  7.9   agreement. 
  7.10     (c) The intended parent or parents must bear the cost of a 
  7.11  gestational surrogate's mental health evaluation and counseling 
  7.12  under section 257D.05. 
  7.13     (d) At least 14 days before entering a gestational 
  7.14  surrogacy agreement, the intended parent or parents must notify 
  7.15  the gestational surrogate of the surrogate's right to separate 
  7.16  legal counsel of the surrogate's own choosing at the sole 
  7.17  expense of the intended parent or parents.  The intended parent 
  7.18  or parents must pay for the gestational surrogate's legal 
  7.19  counsel and for any court filing fees and other costs associated 
  7.20  with the negotiation, execution, and judicial approval of the 
  7.21  gestational surrogacy agreement. 
  7.22     (e) The intended parent or parents may reasonably 
  7.23  compensate a gestational surrogate for her time, effort, and the 
  7.24  health risks attendant to medical evaluation, gestation, and 
  7.25  delivery in an amount not to exceed $25,000.  The $25,000 amount 
  7.26  under this paragraph increases by five percent on January 1 of 
  7.27  each year beginning January 1, 2005.  
  7.28     (f) A gestational surrogacy agreement may not limit the 
  7.29  gestational surrogate's right to make decisions to safeguard her 
  7.30  mental or physical health or the health of the embryo or fetus. 
  7.31     (g) A gestational surrogacy agreement must address whether 
  7.32  and to what extent the intended parents will have access to the 
  7.33  gestational surrogate's medical records for treatment related to 
  7.34  the pregnancy. 
  7.35     (h) The intended parent or parents may obtain an anonymous 
  7.36  or known donor's social and medical history under section 
  8.1   257D.03, subdivision 4. 
  8.2      Subd. 2.  [PREGESTATIONAL DETERMINATION OF PARENTAGE.] (a) 
  8.3   Before embryo transfer, a gestational surrogate or intended 
  8.4   parent must petition the district court for review and approval 
  8.5   of the gestational surrogacy agreement. 
  8.6      (b) A proceeding to approve a gestational surrogacy 
  8.7   agreement may not be maintained unless: 
  8.8      (1) the gestational surrogate or the intended parent or 
  8.9   parents are residents of this state for at least 90 days; 
  8.10     (2) the prospective gestational surrogate's husband, if 
  8.11  any, is joined in the proceeding; 
  8.12     (3) all parties to the gestational surrogacy agreement are 
  8.13  at least 21 years old; 
  8.14     (4) all parties voluntarily entered into the gestational 
  8.15  surrogacy agreement and understand its terms; 
  8.16     (5) the gestational surrogate has given consent to 
  8.17  participation in collaborative reproduction after receiving a 
  8.18  full explanation of her role in collaborative reproduction; 
  8.19     (6) adequate provision is made for all reasonable health 
  8.20  care expenses associated with the gestational surrogacy 
  8.21  agreement until the birth of the child, including responsibility 
  8.22  for those expenses if the agreement is terminated; 
  8.23     (7) the gestational surrogate received notice of her right 
  8.24  to separate legal counsel under subdivision 1, paragraph (d), 
  8.25  the parties understand that they have a right to separate legal 
  8.26  counsel, and, if a party proceeds without legal counsel, that 
  8.27  party knowingly and voluntarily waives the right to counsel; 
  8.28     (8) the gestational surrogate and the intended parent or 
  8.29  parents have completed the mental health evaluation and 
  8.30  counseling requirements under section 257D.05 and have been 
  8.31  identified as suitable participants in collaborative 
  8.32  reproduction; 
  8.33     (9) the female intended parent's or parents', if any, 
  8.34  reproductive history or other reasonable evidence indicates that 
  8.35  the female intended parent or parents are physically unable to 
  8.36  safely bear a healthy child; 
  9.1      (10) the gestational surrogate has had at least one 
  9.2   previous successful pregnancy and delivery and bearing another 
  9.3   child will not present an unreasonable health risk to the 
  9.4   intended child or the surrogate's physical or mental health.  
  9.5   The court may waive this requirement if the gestational 
  9.6   surrogate is a sister of an intended parent; 
  9.7      (11) the original copy of the gestational surrogacy 
  9.8   agreement and the original copies of all other related 
  9.9   agreements, if any, are attached to the petition and there are 
  9.10  no other collateral oral or written agreements between the 
  9.11  parties that are not received and reviewed by the court; and 
  9.12     (12) all parties expressly agree in the petition that, for 
  9.13  a period of 180 days after the birth of the child, the Minnesota 
  9.14  district court in the county in which the agreement was 
  9.15  originally approved has exclusive and continuing jurisdiction 
  9.16  over all disputes, if any, regarding the gestational surrogacy 
  9.17  agreement and the parentage or custody of the resulting child. 
  9.18     Subd. 3.  [PROCEEDING FOR PREGESTATIONAL DETERMINATION OF 
  9.19  PARENTAGE.] The court must issue an order approving the 
  9.20  gestational surrogacy agreement and declaring that the intended 
  9.21  parent or parents will be the parent or parents of a child born 
  9.22  during the term of the agreement on finding that: 
  9.23     (1) all of the requirements of subdivisions 1, paragraph 
  9.24  (a), and 2, paragraph (b), are met; and 
  9.25     (2) the consideration, if any, paid to the prospective 
  9.26  gestational surrogate is reasonable. 
  9.27     Subd. 4.  [PREGESTATIONAL DETERMINATION OF PARENTAGE 
  9.28  WITHOUT REPRESENTATION.] Upon petition by the gestational 
  9.29  surrogate or an intended parent, either or both of whom are not 
  9.30  represented by legal counsel, the court must hold a hearing 
  9.31  within 30 days of the filing of the petition.  Notice of the 
  9.32  hearing must be given as required by the applicable Rules of 
  9.33  Civil Procedure.  If the court reviews and approves the 
  9.34  gestational surrogacy agreement, the court must enter an order 
  9.35  within 30 days after the hearing date approving the agreement 
  9.36  and ordering that the intended parent or parents be listed on 
 10.1   the birth record as the child's legal parent or parents in 
 10.2   accordance with the terms of the agreement. 
 10.3      Subd. 5.  [PREGESTATIONAL DETERMINATION OF PARENTAGE WITH 
 10.4   REPRESENTATION.] Upon petition by the gestational surrogate or 
 10.5   an intended parent, where both parties are represented by legal 
 10.6   counsel, the court may review and approve the gestational 
 10.7   surrogacy agreement without a hearing and without an appearance 
 10.8   by either party or legal counsel on the party's behalf.  If the 
 10.9   court approves the gestational surrogacy agreement, the court 
 10.10  must enter an order without a hearing within 30 days after the 
 10.11  filing of the petition approving the agreement and ordering that 
 10.12  the intended parent or parents be listed on the birth record as 
 10.13  the child's legal parent or parents in accordance with the terms 
 10.14  of the agreement. 
 10.15     Subd. 6.  [ENFORCEABILITY OF PREGESTATIONAL DETERMINATION 
 10.16  OF PARENTAGE.] If a court reviews and approves a gestational 
 10.17  surrogacy agreement before embryo transfer, the agreement is 
 10.18  enforceable pursuant to the terms of the agreement. 
 10.19     Subd. 7.  [ENFORCEABILITY OF PREGESTATIONAL DETERMINATION 
 10.20  THAT IS NOT COURT APPROVED.] (a) A gestational surrogacy 
 10.21  agreement not approved by a court under this section is not 
 10.22  effective and enforceable under this chapter.  This section does 
 10.23  not affect the validity of an agreement that is not approved by 
 10.24  a court under this section that is entered into either before or 
 10.25  after August 1, 2003, if the agreement is valid under any other 
 10.26  state law. 
 10.27     (b) If a birth results under an agreement not approved by a 
 10.28  court under this section, the parent-child relationship is 
 10.29  determined under sections 257.51 to 257.74. 
 10.30     (c) An intended parent who is a party to a gestational 
 10.31  surrogacy agreement that is not approved by a court under this 
 10.32  section may be held liable for support of the resulting child 
 10.33  even if the agreement is otherwise unenforceable.  The liability 
 10.34  under this section includes assessing filing fees, reasonable 
 10.35  attorney fees, fees for genetic testing, other costs and 
 10.36  necessary travel, and other reasonable expenses incurred to 
 11.1   adjudicate parentage. 
 11.2      (d) This subdivision applies to gestational surrogacy 
 11.3   agreements not approved by the court under this section 
 11.4   regardless of whether the agreement is submitted to the court 
 11.5   for approval. 
 11.6      Subd. 8.  [PROCEEDINGS AND RECORDS, CONFIDENTIAL.] The 
 11.7   proceedings, records, and identities of the individual parties 
 11.8   to a gestational surrogacy agreement under this section are 
 11.9   subject to the standards of confidentiality applicable to 
 11.10  adoptions under sections 259.61 and 259.79. 
 11.11     Subd. 9.  [EXCLUSIVE, CONTINUING JURISDICTION.] Pursuant to 
 11.12  the express agreement of the parties, as required under 
 11.13  subdivision 2, paragraph (b), clause (11), the court conducting 
 11.14  a proceeding under this section has exclusive, continuing 
 11.15  jurisdiction over all matters arising out of the gestational 
 11.16  surrogacy agreement until a child born to the gestational 
 11.17  surrogate during the period governed by the agreement attains 
 11.18  the age of 180 days. 
 11.19     Subd. 10.  [PROHIBITION.] No party may enter into a 
 11.20  gestational surrogacy agreement regarding the birth of a child 
 11.21  conceived by sexual intercourse.  An agreement of this kind is 
 11.22  void and unenforceable. 
 11.23     Subd. 11.  [TERMINATION OF GESTATIONAL SURROGACY 
 11.24  AGREEMENT.] (a) After a court issues an order under this 
 11.25  section, but before the prospective gestational surrogate 
 11.26  becomes pregnant by means of assisted reproduction, the 
 11.27  prospective gestational surrogate, her spouse, if any, or an 
 11.28  intended parent may terminate the gestational surrogacy 
 11.29  agreement by giving written notice of termination to all other 
 11.30  parties and any participating provider. 
 11.31     (b) The court, for good cause shown, such as the death or 
 11.32  divorce of an intended parent, may also, before the prospective 
 11.33  gestational surrogate becomes pregnant by means of assisted 
 11.34  reproduction, terminate the gestational surrogacy agreement.  
 11.35  Written notice of the court's termination of the agreement must 
 11.36  be served upon all parties and any participating provider. 
 12.1      (c) A party who terminates a gestational surrogacy 
 12.2   agreement must file notice of the termination with the court.  
 12.3   On receipt of the notice, the court must vacate any order issued 
 12.4   under this section.  A party who does not notify the court of 
 12.5   the termination of the agreement is subject to appropriate 
 12.6   sanctions. 
 12.7      (d) No party is liable to the other parties for terminating 
 12.8   a gestational surrogacy agreement under this section.  
 12.9   Notwithstanding this, the intended parent or parents remain 
 12.10  liable for any medical, counseling, legal, travel, or other 
 12.11  reasonable expenses related to the gestational surrogate's 
 12.12  performance of the agreement that the gestational surrogate 
 12.13  incurs before the date the agreement is terminated. 
 12.14     Subd. 12.  [GESTATIONAL SURROGATE; EFFECT OF SUBSEQUENT 
 12.15  MARRIAGE.] After a court issues an order under this section, a 
 12.16  gestational surrogate's subsequent marriage does not affect the 
 12.17  validity of a gestational surrogacy agreement, her spouse's 
 12.18  consent to the agreement is not required, and her spouse is not 
 12.19  a presumed father of the resulting child. 
 12.20     Sec. 6.  [257D.07] [RIGHTS AND RESPONSIBILITIES OF 
 12.21  PARTIES.] 
 12.22     Subdivision 1.  [INTENDED PARENT.] (a) Upon execution of an 
 12.23  embryo or gestational surrogacy agreement, after gamete 
 12.24  retrieval but before embryo transfer, the intended parent or 
 12.25  parents have all rights, responsibilities, interests, and 
 12.26  control over the gametes retrieved or embryos they intend to 
 12.27  transfer. 
 12.28     (b) Upon the birth of a child to a gestational surrogate 
 12.29  within 300 days of the last procedure using assisted 
 12.30  reproduction under a court-approved gestational surrogacy 
 12.31  agreement, the intended parent or parents of the child are, in 
 12.32  all respects, the parent or parents of the child for all 
 12.33  purposes. 
 12.34     (c) Upon the birth of the child to a gestational surrogate, 
 12.35  the intended parent or parents or the gestational surrogate must 
 12.36  immediately furnish a certified copy of the court order issued 
 13.1   under section 257D.06 to the facility in which the birth takes 
 13.2   place or to any other person required to prepare and file a 
 13.3   birth record as provided in section 144.215.  A birth record 
 13.4   must be filed in accordance with the provisions of section 
 13.5   144.215.  A certified copy of the court order issued under 
 13.6   section 257D.06 must be sent to the state registrar by the 
 13.7   facility or person required to prepare and file a birth record. 
 13.8      (d) On application, the court may issue an order 
 13.9   supplemental to the order issued under section 257D.06.  As 
 13.10  necessary, the court, in its supplemental order, may: 
 13.11     (1) confirm that the intended parent or parents are the 
 13.12  parent or parents of the child; 
 13.13     (2) order that the child be surrendered to the intended 
 13.14  parent or parents; 
 13.15     (3) if a birth record has not been prepared and filed under 
 13.16  section 144.215, direct that a birth record be prepared and 
 13.17  filed that names the gestational surrogate as the mother of the 
 13.18  child, and direct the state registrar to replace the birth 
 13.19  record of the child, naming the intended parent or parents as 
 13.20  the parent or parents of the child on the replacement record; 
 13.21     (4) if a birth record has already been prepared and filed 
 13.22  pursuant to section 144.215, direct the state registrar to 
 13.23  replace the birth record and remove the names of any parties 
 13.24  other than the intended parent or parents, add the names of an 
 13.25  intended parent or parents, and, if necessary, change the name 
 13.26  of the child; 
 13.27     (5) if the birth is not consistent with the gestational 
 13.28  surrogacy agreement approved under section 257D.06, determine 
 13.29  the parentage of the child; and 
 13.30     (6) make any other order necessary to carry out the 
 13.31  purposes of a gestational surrogacy agreement approved under 
 13.32  section 257D.06. 
 13.33     Subd. 2.  [ANONYMOUS OR KNOWN DONOR.] (a) Upon execution of 
 13.34  a written donor agreement prior to the time of donation of 
 13.35  gametes, the anonymous or known donor relinquishes all rights, 
 13.36  responsibilities, interests, and control over: 
 14.1      (1) the gametes after the gametes have been retrieved; 
 14.2      (2) the embryo created; and 
 14.3      (3) any resulting child. 
 14.4      (b) An anonymous or known donor is not the parent of a 
 14.5   child conceived through the use of the donor's gametes for any 
 14.6   purpose. 
 14.7      Subd. 3.  [GESTATIONAL SURROGATE.] The gestational 
 14.8   surrogate and the gestational surrogate's spouse, if any, who 
 14.9   execute a court-approved written gestational surrogacy agreement 
 14.10  are not the parents of a child conceived through assisted 
 14.11  reproduction and born to the gestational surrogate pursuant to a 
 14.12  gestational surrogacy agreement for any purpose. 
 14.13     Sec. 7.  [257D.08] [INHERITANCE.] 
 14.14     Subdivision 1.  [INHERITANCE RIGHTS UNDER GESTATIONAL 
 14.15  SURROGACY AGREEMENTS.] In all cases involving gestational 
 14.16  surrogacy agreements, in the absence of a testamentary document 
 14.17  executed by an intended parent that expressly authorizes 
 14.18  inclusion of a child or children whose gestation begins after 
 14.19  the death of the intended parent, the following principles apply:
 14.20     (1) if an intended parent dies before gamete or embryo 
 14.21  transfer, the resulting child has no rights of inheritance 
 14.22  against the estate of that intended parent; and 
 14.23     (2) if one or both intended parents die at any time during 
 14.24  the pregnancy of a gestational surrogate, the resulting child is 
 14.25  an heir of both intended parents under section 524.2-108, but is 
 14.26  not an heir of the gestational surrogate and spouse, if any. 
 14.27     Subd. 2.  [ANONYMOUS OR KNOWN DONOR.] In all cases 
 14.28  involving gestational surrogacy, the following principles apply: 
 14.29     (1) a child resulting from assisted reproduction is not an 
 14.30  heir of an anonymous or known donor; and 
 14.31     (2) an anonymous or known donor has no rights of 
 14.32  inheritance against the child or the child's estate. 
 14.33     Sec. 8.  [REVISOR'S INSTRUCTION.] 
 14.34     The revisor shall renumber Minnesota Statutes, section 
 14.35  257.56, subdivisions 1 and 2, to become section 257D.03, 
 14.36  subdivisions 5 and 6, and correct all references to that section 
 15.1   in Minnesota Statutes and Minnesota Rules. 
 15.2      Sec. 9.  [EFFECTIVE DATE.] 
 15.3      Sections 1 to 8 are effective August 1, 2003.