HF 437

as introduced - 89th Legislature (2015 - 2016) Posted on 02/18/2015 02:14pm

A bill for an act
relating to family law; establishing a legislative surrogacy commission; providing
appointments; requiring a report.

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

Section 1. new text begin LEGISLATIVE SURROGACY COMMISSION.
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new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Legislative Commission to Study Surrogacy
in Minnesota shall study and make recommendations regarding whether surrogacy
agreements should be permitted as a matter of law and public policy.
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new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commission shall consist of 12 members, as follows:
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new text begin (1) three members of the senate appointed by the Senate Committee on Rules and
Administration Subcommittee on Committees;
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new text begin (2) three members of the senate appointed by the senate minority leader;
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new text begin (3) three members of the house of representatives appointed by the speaker of the
house; and
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new text begin (4) three members of the house of representatives appointed by the house of
representatives minority leader.
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new text begin Appointments must be made by members elected to the 89th session of the
legislature by June 1, 2015.
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new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin Members are entitled to reimbursement for per diem
expenses plus travel expenses incurred in the services of the commission.
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new text begin Subd. 4. new text end

new text begin Conflict of interest. new text end

new text begin A commission member may not participate in or
vote on a decision of the commission in which the member has either a direct or indirect
personal financial interest. While serving on the commission, a person shall avoid any
potential conflicts of interest. At the beginning of each meeting, each member must
disclose whether they have a potential conflict of interest. Any public testifier or witness
to the commission must disclose any financial conflict of interest, either past or present,
pertaining to a surrogacy arrangement or a surrogacy agreement.
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new text begin Subd. 5. new text end

new text begin Guiding principles. new text end

new text begin In preparing its recommendations, the commission
should be guided by the following principles:
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new text begin (1) the desire to bring life into the world and raise a child is a laudable aspiration;
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new text begin (2) infertility is a painful experience, and compassion should be shown to those who
have medical complications that make it difficult or impossible to conceive a child;
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new text begin (3) some fertility treatments are available to overcome infertility;
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new text begin (4) the availability of certain forms of reproductive technology does not mean that
they are ethically responsible ways of conceiving a child;
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new text begin (5) surrogacy arrangements have significant public policy implications;
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new text begin (6) surrogacy arrangements involve many parties including, but not limited to,
the surrogate mother, the intended parents, the child, insurance companies, medical
professionals, and attorneys;
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new text begin (7) while many families might desire to have a child, no one has a right to a child;
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new text begin (8) children should have access to information about their biological and gestational
parents if possible;
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new text begin (9) serious consideration should be given to the ethical responsibility of using a
woman's reproductive organs for remuneration;
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new text begin (10) financial or other economic incentives have the potential to be coercive and
unfair; and
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new text begin (11) in Minnesota, the guiding principles of family law statutes that terminate parental
rights have been created to balance the interests of the mother, child, and intended parents.
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new text begin Subd. 6. new text end

new text begin Methodology. new text end

new text begin The commission shall study, through public hearings,
research, and deliberation, the significant ethical and public policy concerns raised by
surrogacy agreements. These topics include, but are not limited to:
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new text begin (1) potential health and psychological harm to women who serve as surrogates;
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new text begin (2) potential health and psychological harm to children born of surrogates;
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new text begin (3) business practices of the fertility industry, including attorneys, brokers, and
clinics;
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new text begin (4) ethical considerations related to different forms of surrogacy, including the
exploitative potential of offering financial incentives to economically disadvantaged
women for use of their reproductive organs;
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new text begin (5) ethical considerations related to in vitro fertilization, embryo transfer, egg and
sperm donation, including donor anonymity;
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new text begin (6) contract law implications for pregnancies that are terminated or other situations
in which a surrogacy contract is breached;
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new text begin (7) potential conflicts with statutes governing private adoption and termination
of parental rights including, but not limited to: (i) whether Minnesota law prohibiting
payments for adoption bar surrogacy contracts; and (ii) whether surrogacy arrangements
conform to best interest of the child standard;
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new text begin (8) probability of unforeseen legal problems related to third-party reproduction; and
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new text begin (9) public policy determinations of other jurisdictions with regard to surrogacy.
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new text begin Subd. 7. new text end

new text begin Reporting. new text end

new text begin The commission must submit its report and recommendations
to the chairs and ranking minority members of the legislative committees with relevant
jurisdiction in the house and senate by December 15, 2015.
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new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The commission expires December 31, 2015.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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