HF 3875

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to family law; making surrogate parentage 
  1.3             agreements void and unenforceable; prohibiting the 
  1.4             arranging of surrogate parentage agreements; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 257. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [257.50] [DEFINITIONS.] 
  1.8      Subdivision 1.  [APPLICATION.] The definitions in this 
  1.9   section apply to sections 1 to 3. 
  1.10     Subd. 2.  [SURROGATE PARENTAGE AGREEMENT.] "Surrogate 
  1.11  parentage agreement" is an agreement, contract, or arrangement 
  1.12  in which a surrogate mother consents to be naturally or 
  1.13  artificially inseminated with the sperm of a man who is not her 
  1.14  husband or consents to surrogate gestation and agrees 
  1.15  voluntarily to terminate her parental rights to any child 
  1.16  conceived and born as a result of the insemination or gestation. 
  1.17     Subd. 3.  [SURROGATE MOTHER.] "Surrogate mother" is a woman 
  1.18  who consents to be naturally or artificially inseminated with 
  1.19  the sperm of a man who is not her husband or consents to 
  1.20  surrogate gestation and agrees voluntarily to terminate her 
  1.21  parental rights to any child conceived and born as a result of 
  1.22  the insemination or gestation. 
  1.23     Subd. 4.  [FATHER.] "Father" is a man whose sperm is used 
  1.24  under a surrogate parentage agreement to impregnate or attempt 
  1.25  to impregnate a woman who is not his wife. 
  2.1      Subd. 5.  [GENETIC MOTHER.] "Genetic mother" is a woman 
  2.2   whose egg is used under a surrogate parentage agreement to 
  2.3   achieve or attempt to achieve surrogate gestation. 
  2.4      Subd. 6.  [SURROGATE GESTATION.] "Surrogate gestation" 
  2.5   means the implantation in a woman of an embryo not genetically 
  2.6   related to the woman for purposes of achieving gestation of a 
  2.7   child by that woman under a surrogate parentage agreement. 
  2.8      Sec. 2.  [257.501] [AGREEMENT VOID.] 
  2.9      A surrogate parentage agreement is void and unenforceable 
  2.10  as contrary to the public policy of this state.  If a child is 
  2.11  born to a woman who has attempted to enter a surrogate parentage 
  2.12  agreement, sections 257.51 to 257.74 govern any matters relating 
  2.13  to determination of the child's parentage, custody, visitation, 
  2.14  or support. 
  2.15     Sec. 3.  [257.502] [ARRANGING AGREEMENT PROHIBITED.] 
  2.16     No person, other than a father, the father's wife, the 
  2.17  genetic mother, or a surrogate mother, shall knowingly induce, 
  2.18  arrange, or procure the formation of a surrogate parentage 
  2.19  agreement.  The attorney general or county attorney shall bring 
  2.20  a civil action in district court to recover any payment made to 
  2.21  such a person in connection with the formation of a surrogate 
  2.22  parentage agreement.  The court shall award court costs and 
  2.23  attorney fees to the attorney general or county attorney, if the 
  2.24  attorney general or county attorney prevails in the action.