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Minnesota Legislature

Office of the Revisor of Statutes

HF 437

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/25/2015 01:56pm

KEY: stricken = removed, old language.
underscored = added, new language.
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2.34

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 beginLEGISLATIVE SURROGACY COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Legislative Commission on Surrogacy shall
consist of 15 members, appointed as follows:
new text end

new text begin (1) three members of the senate appointed by the senate majority leader;
new text end

new text begin (2) three members of the senate appointed by the senate minority leader;
new text end

new text begin (3) three members of the house of representatives appointed by the speaker of the
house of representatives;
new text end

new text begin (4) three members of the house of representatives appointed by the house of
representatives minority leader;
new text end

new text begin (5) the commissioner of human services or the commissioner's designee;
new text end

new text begin (6) the commissioner of health or the commissioner's designee; and
new text end

new text begin (7) a family court referee appointed by the chief justice of the state Supreme Court.
new text end

new text begin Appointments must be made by June 1, 2015.
new text end

new text begin Subd. 2. new text end

new text begin Chair. new text end

new text begin The commission shall elect a chair from among its members.
new text end

new text begin Subd. 3. new text end

new text begin First meeting. new text end

new text begin The ranking majority member of the commission who is
appointed by the senate majority leader shall convene the first meeting by July 1, 2015.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the commission are compensated as provided
in Minnesota Statutes, section 3.101.
new text end

new text begin Subd. 5. 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. A witness at a public meeting of the commission must disclose
any financial conflict of interest.
new text end

new text begin Subd. 6. new text end

new text begin Duties. new text end

new text begin The commission shall develop recommendations on public policy
and laws regarding surrogacy. To develop the recommendations, the commission shall
study surrogacy through public hearings, research, and deliberation. Topics for study
include, but are not limited to:
new text end

new text begin (1) potential health and psychological effects and benefits on women who serve
as surrogates;
new text end

new text begin (2) potential health and psychological effects and benefits on children born of
surrogates;
new text end

new text begin (3) business practices of the fertility industry, including attorneys, brokers, and
clinics;
new text end

new text begin (4) considerations related to different forms of surrogacy;
new text end

new text begin (5) considerations related to the potential exploitation of women in surrogacy
arrangements;
new text end

new text begin (6) contract law implications when a surrogacy contract is breached;
new text end

new text begin (7) potential conflicts with statutes governing private adoption and termination
of parental rights;
new text end

new text begin (8) potential for legal conflicts related to third-party reproduction, including conflicts
between or amongst the surrogate mother, the intended parents, the child, insurance
companies, and medical professionals;
new text end

new text begin (9) public policy determinations of other jurisdictions with regard to surrogacy; and
new text end

new text begin (10) information to be provided to a child born of a surrogate about the child's
biological and gestational parents.
new text end

new text begin Subd. 7. new text end

new text begin Reporting. new text end

new text begin The commission must submit a report including its
recommendations and may draft legislation to implement its recommendations to the chairs
and ranking minority members of the legislative committees with primary jurisdiction
over health and judiciary in the house and senate by December 15, 2015. On topics where
the commission fails to reach consensus, a majority and minority report shall be issued.
new text end

new text begin Subd. 8. new text end

new text begin Staffing. new text end

new text begin The Legislative Coordinating Commission shall provide staffing
and administrative support to the commission.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin The commission expires the day after submitting the report
required under subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

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