HF 818

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

  1.1                          A bill for an act 
  1.2             relating to parentage; modifying provisions regarding 
  1.3             parentage of a child conceived through artificial 
  1.4             insemination; amending Minnesota Statutes 2002, 
  1.5             section 257.56. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 257.56, is 
  1.8   amended to read: 
  1.9      257.56 [ARTIFICIAL INSEMINATION; EGG DONATION.] 
  1.10     Subdivision 1.  [HUSBAND TREATED AS BIOLOGICAL FATHER; WIFE 
  1.11  TREATED AS BIOLOGICAL MOTHER.] (a) If, under the supervision of 
  1.12  a licensed physician and with the consent of her husband, a wife 
  1.13  is inseminated artificially with semen donated by a man not her 
  1.14  husband, the husband is treated in law as if he were the 
  1.15  biological father of a child thereby conceived.  
  1.16     (b) If, under the supervision of a licensed physician and 
  1.17  with the consent of her husband, a wife is implanted with 
  1.18  embryos created with eggs donated by another woman and her 
  1.19  husband's sperm, the wife is treated in law as if she were the 
  1.20  biological mother of a child thereby conceived. 
  1.21     (c) The husband's and wife's consent must be in writing and 
  1.22  signed by him and his both the husband and wife.  The consent 
  1.23  must be retained by the physician for at least four years after 
  1.24  the confirmation of a pregnancy that occurs during the process 
  1.25  of artificial insemination or egg donation. 
  2.1      (d) All papers and records pertaining to the insemination 
  2.2   or egg donation, whether part of the permanent record of a court 
  2.3   or of a file held by the supervising physician or elsewhere, are 
  2.4   subject to inspection only upon an order of the court for good 
  2.5   cause shown. 
  2.6      Subd. 2.  [DONOR NOT TREATED AS BIOLOGICAL FATHER OR 
  2.7   BIOLOGICAL MOTHER.] (a) The donor of semen provided to a 
  2.8   licensed physician for use in artificial insemination of a 
  2.9   married woman other than the donor's wife is treated in law as 
  2.10  if he were not the biological father of a child thereby 
  2.11  conceived. 
  2.12     (b) The donor of eggs provided to a licensed physician for 
  2.13  the creation of embryos to be implanted in a married woman other 
  2.14  than herself is treated in law as if she were not the biological 
  2.15  mother of a child thereby conceived.