Minnesota Legislature
HF 3449
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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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 begin ARTIFICIAL INSEMINATIONdeleted text end new text begin ASSISTED REPRODUCTIONnew text end .
Subdivision 1.
deleted text begin Husbanddeleted text end new text begin Partner new text end treated as biological deleted text begin fatherdeleted text end new text begin parent; woman
treated as biological mothernew text end .
new text begin (a) new text end If, under the supervision of a licensed physician and
with the consent of her deleted text begin husbanddeleted text end new text begin partner, if anynew text end , a deleted text begin wifedeleted text end new text begin woman new text end is inseminated artificially
with semen donated by a man not her deleted text begin husbanddeleted text end new text begin partnernew text end , the deleted text begin husbanddeleted text end new text begin partner, if any, new text end is
treated in law as if deleted text begin hedeleted text end new text begin the partner new text end were the biological deleted text begin fatherdeleted text end new text begin parent new text end of a child thereby
conceived. deleted text begin The 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 end 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 inseminationnew text begin or embryo transfernew text end .
new text begin (d) new text end All 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 begin fatherdeleted text end new text begin parentnew text end .
The donor of semennew text begin , eggs,
or embryosnew text end provided to a licensed physician for use in deleted text begin artificial insemination ofdeleted text end new text begin assisted
reproduction for new text end a deleted text begin marrieddeleted text end woman other than the donor's deleted text begin wifedeleted text end new text begin partner new text end is treated in law
as if deleted text begin hedeleted text end new text begin the donor new text end were not the biological father new text begin or mother new text end of a child thereby conceivednew text begin ,
gestated, and deliverednew 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 begin EFFECTIVE 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