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HF 3449

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2008

Current Version - as introduced

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A bill for an act
relating to assisted reproduction; changing certain regulations; amending
Minnesota Statutes 2006, section 257.56.

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

Section 1.

Minnesota Statutes 2006, section 257.56, is amended to read:


257.56 deleted text beginARTIFICIAL INSEMINATIONdeleted text endnew text begin ASSISTED REPRODUCTIONnew text end.

Subdivision 1.

deleted text beginHusbanddeleted text end new text beginPartner new text endtreated as biological deleted text beginfatherdeleted text endnew text begin parent; woman
treated as biological mother
new text end.

new text begin(a) new text endIf, under the supervision of a licensed physician and
with the consent of her deleted text beginhusbanddeleted text endnew text begin partner, if anynew text end, a deleted text beginwifedeleted text end new text beginwoman new text endis inseminated artificially
with semen donated by a man not her deleted text beginhusbanddeleted text endnew text begin partnernew text end, the deleted text beginhusbanddeleted text end new text beginpartner, if any, new text endis
treated in law as if deleted text beginhedeleted text end new text beginthe partner new text endwere the biological deleted text beginfatherdeleted text end new text beginparent new text endof a child thereby
conceived. deleted text beginThe husband's consent must be in writing and signed by him and his wife.deleted text end

new text begin (b) If, under the supervision of a licensed physician and with the consent of her
partner, if any, a woman has embryos created with eggs donated by another woman and
her partner's or a donor's sperm transferred into her uterus for gestation, the woman and
her partner, if any, are treated in law as if they were the biological parents of a child
thereby gestated and delivered.
new text end

new text begin (c) The woman and her partner, if any, must consent in a writing signed by both the
partner and the woman that they intend to become the legal parents of the resulting child.
new text endThe 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 inseminationnew text begin or embryo transfernew text end.

new text begin (d) new text endAll papers and records pertaining to the inseminationnew text begin or embryo transfernew text end, 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 deleted text beginfatherdeleted text endnew text begin parentnew text end.

The donor of semennew text begin, eggs,
or embryos
new text end provided to a licensed physician for use in deleted text beginartificial insemination ofdeleted text end new text beginassisted
reproduction for
new text enda deleted text beginmarrieddeleted text end woman other than the donor's deleted text beginwifedeleted text end new text beginpartner new text endis treated in law
as if deleted text beginhedeleted text end new text beginthe donor new text endwere not the biological father new text beginor mother new text endof a child thereby conceivednew text begin,
gestated, and delivered
new text end.

new text begin Subd. 3. new text end

new text begin Effect of noncompliance. new text end

new text begin In the event of noncompliance with any of the
requirements or terms of subdivision 1, a court of competent jurisdiction shall determine
the respective parental rights and obligations of the parties, including both the intended
parents and donors, based solely on evidence of the parties' original intent.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment and applies to donations
made before, on, or after the effective date.
new text end