HF 4564

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 04:02pm

A bill for an act
relating to civil law; updating rights and responsibilities relating to assisted
reproduction; creating requirements for gestational surrogacy agreements; creating
requirements for genetic surrogacy agreements; providing recordkeeping and
information sharing for genetic donation; proposing coding for new law as
Minnesota Statutes, chapter 257E; repealing Minnesota Statutes 2022, section
257.56.

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

ARTICLE 1

DEFINITIONS

Section 1.

new text begin [257E.10] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Assisted reproduction. new text end

new text begin "Assisted reproduction" means a method of
causing pregnancy other than sexual intercourse. The term includes:
new text end

new text begin (1) intrauterine or intracervical insemination;
new text end

new text begin (2) donation of gametes;
new text end

new text begin (3) donation of embryos;
new text end

new text begin (4) in vitro fertilization and transfer of embryos; and
new text end

new text begin (5) intracytoplasmic sperm injection.
new text end

new text begin Subd. 2. new text end

new text begin Birth. new text end

new text begin "Birth" includes stillbirth.
new text end

new text begin Subd. 3. new text end

new text begin Determination of parentage. new text end

new text begin "Determination of parentage" means establishment
of a parent-child relationship by a judicial or administrative proceeding or signing of a valid
acknowledgment of parentage under the laws of the state.
new text end

new text begin Subd. 4. new text end

new text begin Donor. new text end

new text begin "Donor" means an individual who provides gametes intended for use
in assisted reproduction, whether or not for consideration. The term does not include:
new text end

new text begin (1) a woman who gives birth to a child conceived by assisted reproduction, except as
otherwise provided in sections 257E.50 to 257E.55; or
new text end

new text begin (2) a parent using assisted reproduction under sections 257E.20 to 257E.27 or an intended
parent under a gestational surrogacy agreement under sections 257E.37 to 257E.41.
new text end

new text begin Subd. 5. new text end

new text begin Donor information. new text end

new text begin "Donor information" means the full name of a donor; the
date of birth of the donor; and the permanent and, if different, current address of the donor
at the time of the donation.
new text end

new text begin Subd. 6. new text end

new text begin Donor medical history. new text end

new text begin "Donor medical history" means information regarding
any present illness or condition of a donor; past illness or condition of the donor; and
health-related social, genetic, and family history of the donor.
new text end

new text begin Subd. 7. new text end

new text begin Gamete. new text end

new text begin "Gamete" means sperm, egg, or any part of a sperm or egg.
new text end

new text begin Subd. 8. new text end

new text begin Genetic surrogate. new text end

new text begin "Genetic surrogate" means a woman who is not an intended
parent and who agrees to become pregnant through assisted reproduction using her own
gamete, under a genetic surrogacy agreement as provided in this chapter.
new text end

new text begin Subd. 9. new text end

new text begin Genetic testing. new text end

new text begin "Genetic testing" means an analysis of genetic markers to
identify or exclude a genetic relationship.
new text end

new text begin Subd. 10. new text end

new text begin Gestational surrogate. new text end

new text begin "Gestational surrogate" means a woman who is not
an intended parent and who agrees to become pregnant through assisted reproduction using
gametes that are not her own, under a gestational surrogacy agreement as provided in this
chapter.
new text end

new text begin Subd. 11. new text end

new text begin Intended parent. new text end

new text begin "Intended parent" means an individual, married or unmarried,
who manifests an intent to be legally bound as a parent of a child conceived by assisted
reproduction.
new text end

new text begin Subd. 12. new text end

new text begin Parent. new text end

new text begin "Parent" means an individual who is the legal parent of a child under
the laws of the state.
new text end

new text begin Subd. 13. new text end

new text begin Parentage. new text end

new text begin "Parentage" means the legal relationship between a child and a
parent of the child.
new text end

new text begin Subd. 14. new text end

new text begin Presumed parent. new text end

new text begin "Presumed parent" means an individual who under the
Minnesota Parentage Act is presumed to be a parent of a child, unless the presumption is
overcome in a judicial proceeding, a valid denial of parentage is made under section 257E.40
or 257E.52, or a court adjudicates the individual to be a parent.
new text end

new text begin Subd. 15. new text end

new text begin Significant other. new text end

new text begin "Significant other" means a person who resides with a
surrogate, sharing a living space, and who is in a romantic relationship with a surrogate.
new text end

new text begin Subd. 16. new text end

new text begin Spouse. new text end

new text begin "Spouse" means a person to whom an individual is legally married
under the laws of this state, another state or territory of the United States, or under the laws
of another country when that marriage would otherwise be legally recognized in this state.
new text end

new text begin Subd. 17. new text end

new text begin Surrogacy agreement. new text end

new text begin "Surrogacy agreement" means an agreement between
one or more intended parents and a woman who is not an intended parent in which the
woman agrees to become pregnant through assisted reproduction and that provides that each
intended parent is a parent of a child conceived under the agreement. Unless otherwise
specified, the term refers to both a gestational surrogacy agreement and a genetic surrogacy
agreement.
new text end

new text begin Subd. 18. new text end

new text begin Transfer. new text end

new text begin "Transfer" means a procedure for assisted reproduction by which
an embryo or sperm is placed in the body of the woman who will give birth to the child.
new text end

ARTICLE 2

ASSISTED REPRODUCTION WITHOUT SURROGACY

Section 1.

new text begin [257E.20] ASSISTED REPRODUCTION WITHOUT SURROGACY;
SCOPE.
new text end

new text begin Sections 257E.21 to 257E.27 do not apply to the birth of a child conceived by sexual
intercourse or assisted reproduction under a gestational surrogacy agreement or genetic
surrogacy agreement under sections 257E.30 to 257E.55.
new text end

Sec. 2.

new text begin [257E.21] PARENTAL STATUS OF DONOR.
new text end

new text begin A donor is not a parent of a child conceived by assisted reproduction. Donor includes a
third-party donor as defined by section 524.1-201.
new text end

Sec. 3.

new text begin [257E.22] PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
new text end

new text begin An individual who consents in writing according to the requirements of section 257E.23
to assisted reproduction by a woman with the intent to be a parent of a child conceived by
the assisted reproduction is a legal parent of the child.
new text end

Sec. 4.

new text begin [257E.23] CONSENT TO ASSISTED REPRODUCTION.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), the consent described in section
257E.22 must be in writing signed by a woman giving birth to a child conceived by assisted
reproduction and another individual who intends to be a parent of the child.
new text end

new text begin (b) Failure to consent in writing as required by paragraph (a), before, on, or after the
birth of the child, does not preclude the court from finding consent to parentage if:
new text end

new text begin (1) the woman or the individual proves by clear and convincing evidence the existence
of an express agreement entered into before conception that the individual and the woman
intended they both would be parents of the child; or
new text end

new text begin (2) the woman and the individual for the first two years of the child's life, including any
period of temporary absence, resided together in the same household with the child and
both openly held out the child as the individual's child, unless the individual dies or becomes
incapacitated before the child attains two years of age or the child dies before the child
attains two years of age, in which case the court may find consent under this paragraph to
parentage if a party proves by clear and convincing evidence that the woman and the
individual intended to reside together in the same household with the child and both intended
the individual would openly hold out the child as the individual's child, but the individual
was prevented from carrying out that intent by death or incapacity.
new text end

Sec. 5.

new text begin [257E.24] SPOUSE'S DISPUTE OF PARENTAGE; LIMITATIONS.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), an individual who, at the time of a
child's birth, is the spouse of the woman who gave birth to the child by assisted reproduction
may not challenge the individual's parentage of the child unless:
new text end

new text begin (1) within two years after the birth of the child, the individual commences a proceeding
to adjudicate the nonexistence of the parent and child relationship, consistent with section
257.57, subdivision 1; and
new text end

new text begin (2) the court finds the individual did not consent to the assisted reproduction, before,
on, or after the birth of the child, or withdrew consent under section 257E.26.
new text end

new text begin (b) A proceeding to adjudicate the nonexistence of the parent and child relationship or
a spouse's parentage of a child born by assisted reproduction may be commenced at any
time if the court determines:
new text end

new text begin (1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
new text end

new text begin (2) the spouse and the woman who gave birth to the child have not cohabited since the
probable time of assisted reproduction; and
new text end

new text begin (3) the spouse never openly held out the child as the spouse's child.
new text end

new text begin (c) This section applies to a spouse's dispute of parentage even if the spouse's marriage
is declared invalid after assisted reproduction occurs.
new text end

Sec. 6.

new text begin [257E.25] EFFECT OF DISSOLUTION.
new text end

new text begin If a marriage of a woman who gives birth to a child conceived by assisted reproduction
is terminated through a dissolution before the transfer of gametes or embryos to the woman,
a former spouse of the woman is not a parent of the child unless the former spouse consented
in writing that the former spouse would be a parent of the child if assisted reproduction
were to occur after a dissolution of marriage and the former spouse did not withdraw consent
under section 257E.26.
new text end

Sec. 7.

new text begin [257E.26] WITHDRAWAL OF CONSENT.
new text end

new text begin (a) An individual who consents under section 257E.24 to assisted reproduction may
withdraw consent any time before a transfer that results in a pregnancy, by giving notice in
writing of the withdrawal of consent to the woman who agreed to give birth to a child
conceived by assisted reproduction and to any clinic or healthcare provider facilitating the
assisted reproduction. Failure to give notice to the clinic or healthcare provider does not
affect a determination of parentage.
new text end

new text begin (b) An individual who withdraws consent under paragraph (a) is not a parent of the child.
new text end

Sec. 8.

new text begin [257E.27] PARENTAL STATUS OF DECEASED INDIVIDUAL.
new text end

new text begin (a) If an individual who intends to be a parent of a child conceived by assisted
reproduction dies during the period between the transfer of a gamete or embryo and the
birth of the child, the individual's death does not preclude the establishment of the individual's
parentage of the child if the individual otherwise would be a parent of the child under the
law.
new text end

new text begin (b) If an individual who consented in a written record to assisted reproduction by a
woman who agreed to give birth to a child dies before a transfer of gametes or embryos,
the deceased individual is a parent of a child conceived by the assisted reproduction only
if:
new text end

new text begin (1) the individual consented in a written record that if assisted reproduction were to
occur after the death of the individual, the individual would be a parent of the child; or
new text end

new text begin (2) the individual's intent to be a parent of a child conceived by assisted reproduction
after the individual's death is established by clear and convincing evidence and the embryo
is in utero not later than 36 months after the individual's death, or the child is born not later
than 45 months after the individual's death.
new text end

ARTICLE 3

GENERAL SURROGACY REQUIREMENTS

Section 1.

new text begin [257E.30] ELIGIBILITY; SURROGACY AGREEMENTS.
new text end

new text begin (a) To execute an agreement to act as a gestational or genetic surrogate, a woman must:
new text end

new text begin (1) have attained 21 years of age;
new text end

new text begin (2) previously have given birth to at least one child;
new text end

new text begin (3) complete a medical evaluation related to the surrogacy arrangement by a licensed
medical doctor;
new text end

new text begin (4) complete a mental health consultation by a licensed mental health professional; and
new text end

new text begin (5) have independent legal representation of her choice throughout the surrogacy
arrangement regarding the terms of the surrogacy agreement and the potential legal
consequences of the agreement or knowingly waive her right to legal representation.
new text end

new text begin (b) To execute a surrogacy agreement, each intended parent, whether or not genetically
related to the child, must:
new text end

new text begin (1) have attained 21 years of age;
new text end

new text begin (2) complete a medical evaluation related to the surrogacy arrangement by a licensed
medical doctor;
new text end

new text begin (3) complete a mental health consultation by a licensed mental health professional; and
new text end

new text begin (4) have independent legal representation of the intended parent's choice throughout the
surrogacy arrangement regarding the terms of the surrogacy agreement and the potential
legal consequences of the agreement or knowingly waive their right to legal representation.
new text end

Sec. 2.

new text begin [257E.31] REQUIREMENTS; LEGAL COUNSEL.
new text end

new text begin (a) A surrogacy agreement must meet each of the following requirements:
new text end

new text begin (1) at least one party must be a resident of this state;
new text end

new text begin (2) the surrogate and each intended parent must meet the requirements of section 257E.30;
new text end

new text begin (3) each intended parent, the surrogate, and the surrogate's spouse, if any, must be parties
to the agreement;
new text end

new text begin (4) the agreement must be in writing, signed by each party listed in clause (3);
new text end

new text begin (5) the surrogate and each intended parent must acknowledge in writing receipt of a
copy of the agreement; and
new text end

new text begin (6) the signature of each party to the agreement must be attested by a notarial officer,
witnessed, or signed in accordance with section 358.116.
new text end

new text begin (b) The surrogate and the intended parent or parents must have independent legal
representation throughout the surrogacy arrangement regarding the terms of the surrogacy
agreement and the potential legal consequences of the agreement, and each counsel must
be identified in the surrogacy agreement, or the surrogate and the intended parent or parents
must knowingly waive their right to legal representation. The intended parent or parents
must pay for independent legal representation for the surrogate.
new text end

new text begin (c) The agreement must be executed before a medical procedure occurs related to the
surrogacy agreement, other than the medical evaluation and mental health consultation
required by section 257E.30.
new text end

Sec. 3.

new text begin [257E.32] CONTENTS OF SURROGACY AGREEMENTS.
new text end

new text begin (a) A surrogacy agreement must comply with the requirements in paragraphs (b) to (i).
new text end

new text begin (b) A surrogate agrees to attempt to become pregnant by means of assisted reproduction.
new text end

new text begin (c) Except as otherwise provided in sections 257E.38, 257E.51, and 257E.52, the
surrogate and the surrogate's spouse, or significant other, if any, have no claim to parentage
of a child conceived by assisted reproduction under the agreement.
new text end

new text begin (d) The surrogate's spouse, if any, must acknowledge and agree to comply with the
obligations imposed on the surrogate by the agreement.
new text end

new text begin (e) Except as otherwise provided in sections 257E.38, 257E.51, and 257E.52, the intended
parent or, if there are two intended parents, each one jointly and severally, immediately on
birth will be the exclusive parent or parents of the child, regardless of the number of children
born or gender or mental or physical condition of each child.
new text end

new text begin (f) Except as otherwise provided in sections 257E.38, 257E.51, and 257E.52, the intended
parent or, if there are two intended parents, each parent jointly and severally, immediately
on birth will assume responsibility for the financial support of the child, regardless of number
of children born or gender or mental or physical condition of each child.
new text end

new text begin (g) The agreement must include information disclosing how each intended parent will
cover the surrogacy-related expenses of the surrogate and the medical expenses of the child.
If health care coverage is used to cover the medical expenses, the disclosure must include
a summary of the health care policy provisions related to coverage for surrogate pregnancy,
including any possible liability of the surrogate, third-party liability liens, other insurance
coverage, and any notice requirement that could affect coverage or liability of the surrogate.
Unless the agreement expressly provides otherwise, the review and disclosure do not
constitute legal advice. If the extent of coverage is uncertain, a statement of that fact is
sufficient to comply with this paragraph.
new text end

new text begin (h) The agreement must permit the surrogate to make all health and welfare decisions
regarding herself and her pregnancy. This section does not enlarge or diminish the surrogate's
right to terminate her pregnancy.
new text end

new text begin (i) The agreement must include information about each party's right under this section
to terminate the surrogacy agreement.
new text end

Sec. 4.

new text begin [257E.33] COMPENSATION; SURROGACY AGREEMENT.
new text end

new text begin A surrogacy agreement may provide for:
new text end

new text begin (1) payment of consideration and reasonable expenses; and
new text end

new text begin (2) reimbursement of specific expenses if the agreement is terminated under this chapter.
new text end

Sec. 5.

new text begin [257E.34] ASSIGNMENT OF RIGHTS; SURROGACY AGREEMENT.
new text end

new text begin A right created under a surrogacy agreement is not assignable and there is no third-party
beneficiary of the agreement other than the child.
new text end

Sec. 6.

new text begin [257E.35] CHANGE IN MARITAL STATUS; SURROGACY AGREEMENTS.
new text end

new text begin (a) Unless a surrogacy agreement expressly provides otherwise, the marriage of a
surrogate after the agreement is signed by all parties does not affect the validity of the
agreement, her spouse's consent to the agreement is not required, and her spouse is not a
presumed parent of a child conceived by assisted reproduction under the agreement. The
dissolution or legal separation of the surrogate after the agreement is signed by all parties
also does not affect the validity of the agreement.
new text end

new text begin (b) Unless a surrogacy agreement expressly provides otherwise, the marriage of an
intended parent after the agreement is signed by all parties does not affect the validity of a
surrogacy agreement. The consent of the spouse of the intended parent is not required, and
the spouse of the intended parent is not, based on the agreement, a parent of a child conceived
by assisted reproduction under the agreement. The dissolution or legal separation of an
intended parent after the agreement is signed by all parties does not affect the validity of
the agreement and, except as otherwise provided in section 257E.52, the intended parents
are the parents of the child.
new text end

Sec. 7.

new text begin [257E.36] INSPECTION OF DOCUMENTS.
new text end

new text begin Unless the court orders otherwise, a petition and any other document related to a
surrogacy agreement filed with the court under this section are not open to inspection by
any individual other than the parties to the proceeding, a child conceived by assisted
reproduction under the agreement, and their attorneys. A court may not authorize an
individual to inspect a document related to the agreement, unless required by exigent
circumstances. The individual seeking to inspect the document may be required to pay the
expense of preparing a copy of the document to be inspected.
new text end

ARTICLE 4

GESTATIONAL SURROGACY

Section 1.

new text begin [257E.37] TERMINATION OF GESTATIONAL SURROGACY
AGREEMENT PRIOR TO PREGNANCY.
new text end

new text begin (a) A party to a gestational surrogacy agreement may terminate the agreement, at any
time before an embryo transfer, by giving notice of termination in a record to all other
parties. If an embryo transfer does not result in a pregnancy, a party may terminate the
agreement at any time before a subsequent embryo transfer.
new text end

new text begin (b) Unless a gestational surrogacy agreement provides otherwise, on termination of the
agreement under paragraph (a), except for obligations related to confidentiality, the parties
are released from the agreement, except that each intended parent remains responsible for
expenses that are reimbursable under the agreement and incurred by the gestational surrogate
through the date of termination.
new text end

new text begin (c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate's
spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or
liquidated damages, for terminating a gestational surrogacy agreement under this section.
new text end

Sec. 2.

new text begin [257E.38] PARENTAGE UNDER GESTATIONAL SURROGACY
AGREEMENT.
new text end

new text begin (a) Each intended parent is, by operation of law, a parent of the child if the child is born
and was conceived by assisted reproduction under a gestational surrogacy agreement, except
as provided otherwise in paragraph (c), or sections 257E.37 and 257E.39.
new text end

new text begin (b) Except as otherwise provided in paragraph (c), neither a gestational surrogate nor
the surrogate's spouse or former spouse, or her significant other, if any, is a parent of the
child.
new text end

new text begin (c) If a child is alleged to be a genetic child of the woman who agreed to be a gestational
surrogate, the court shall order genetic testing of the child. If the child is a genetic child of
the woman who agreed to be a gestational surrogate, parentage must be determined under
chapter 257.
new text end

new text begin (d) Except as otherwise provided in paragraph (c) or sections 257E.37 and 257E.39, if,
due to a clinical or laboratory error, a child conceived by assisted reproduction under a
gestational surrogacy agreement is not genetically related to (i) a gestational surrogate, (ii)
an intended parent, or (iii) a donor who donated to the intended parent or parents, then the
gestational surrogate, the gestational surrogate's spouse or former spouse, or her significant
other are not the parents of the child, and each intended parent is a parent to the child, subject
to any other claim of parentage.
new text end

Sec. 3.

new text begin [257E.39] GESTATIONAL SURROGACY AGREEMENT; DECEASED
INTENDED PARENT.
new text end

new text begin Section 257E.38 applies to an intended parent even if the intended parent died during
the period between the transfer of a gamete or embryo and the birth of the child. Except as
otherwise provided in section 257E.41, an intended parent is not a parent of a child conceived
by assisted reproduction under a gestational surrogacy agreement if the intended parent dies
before the transfer of a gamete or embryo unless:
new text end

new text begin (1) the agreement provides otherwise; and
new text end

new text begin (2) the transfer of a gamete or embryo occurs not later than 36 months after the death
of the intended parent or birth of the child occurs not later than 45 months after the death
of the intended parent.
new text end

Sec. 4.

new text begin [257E.40] GESTATIONAL SURROGACY AGREEMENT; COURT ORDER
FOR PARENTAGE.
new text end

new text begin (a) Except as otherwise provided in section 257E.38, paragraph (c), or section 257E.41,
before, on, or after the birth of a child conceived by assisted reproduction under a gestational
surrogacy agreement, a party to the agreement may commence a proceeding in the county
where the intended parents reside, where the gestational surrogate resides, or where the
child is found for an order or judgment:
new text end

new text begin (1) declaring that each intended parent is a parent of the child and ordering that parental
rights and duties vest immediately on the birth of the child exclusively in each intended
parent;
new text end

new text begin (2) declaring that the gestational surrogate and the surrogate's spouse or former spouse,
or her significant other, if any, are not the parents of the child;
new text end

new text begin (3) designating the content of the birth record, in accordance with Minnesota Department
of Health, Vital Records Division, shall designate each intended parent as a parent of the
child and requiring that such information as would otherwise be required regarding a parent
be listed in the vital record;
new text end

new text begin (4) to protect the privacy of the child and the parties, declaring that the court record is
not open to inspection, except as authorized by section 257E.36;
new text end

new text begin (5) if necessary, that the child be surrendered to the intended parent or parents
immediately upon birth; and
new text end

new text begin (6) for other relief the court determines necessary and proper.
new text end

new text begin (b) The court may issue an order or judgment under paragraph (a) before the birth of
the child.
new text end

new text begin (c) Neither this state nor the Minnesota Department of Health, Vital Records Division,
nor any entity in which the child was born, is a necessary party to a proceeding under
paragraph (a).
new text end

Sec. 5.

new text begin [257E.41] EFFECT OF LAW; GESTATIONAL SURROGACY
AGREEMENT.
new text end

new text begin (a) A gestational surrogacy agreement that complies with sections 257E.30 to 257E.32
is enforceable.
new text end

new text begin (b) If a child was conceived by assisted reproduction under a gestational surrogacy
agreement that does not comply with sections 257E.30 to 257E.32, the court shall determine
the rights and duties of the parties to the agreement consistent with the intent of the parties
at the time of execution of the agreement. Each party to the agreement and any individual
who at the time of the execution of the agreement was a spouse of a party to the agreement
has standing to maintain a proceeding to adjudicate an issue related to the enforcement of
the agreement.
new text end

new text begin (c) Except as expressly provided in a gestational surrogacy agreement or paragraph (d)
or (e), if the agreement is breached by the gestational surrogate or one or more intended
parents, the nonbreaching party is entitled to the remedies available at law or in equity.
new text end

new text begin (d) Specific performance is not a remedy available for breach by a gestational surrogate
of a provision in the agreement that the gestational surrogate be impregnated, terminate or
not terminate a pregnancy, or submit to medical procedures.
new text end

new text begin (e) Except as otherwise provided in paragraph (d), specific performance is a remedy
available for:
new text end

new text begin (1) breach of the agreement by a gestational surrogate that prevents the intended parent
from exercising immediately on birth of the child the full rights of parentage; or
new text end

new text begin (2) breach by the intended parent when the intended parent fails to accept custody of
the child immediately on birth of the child conceived by assisted reproduction under the
agreement and the duties of parentage.
new text end

ARTICLE 5

GENETIC SURROGACY

Section 1.

new text begin [257E.50] VALIDATING A GENETIC SURROGACY AGREEMENT.
new text end

new text begin (a) Except as otherwise provided in section 257E.53, to be enforceable, a genetic
surrogacy agreement must be approved by the district court in the county where the genetic
surrogate resides. A proceeding to approve the agreement must be commenced before
assisted reproduction related to the surrogacy agreement begins.
new text end

new text begin (b) The court shall issue an order approving a genetic surrogacy agreement if the court
finds that:
new text end

new text begin (1) sections 257E.30 to 257E.32 are satisfied; and
new text end

new text begin (2) all parties entered into the agreement voluntarily and understand its terms.
new text end

new text begin (c) An individual who terminates a genetic surrogacy agreement under section 257E.51
shall file notice of the termination with the court. On receipt of the notice, the court shall
vacate any order issued under paragraph (b). An individual who does not notify the court
of the termination of the agreement is subject to sanctions.
new text end

Sec. 2.

new text begin [257E.51] TERMINATING A GENETIC SURROGACY AGREEMENT.
new text end

new text begin (a) An intended parent who is a party to the agreement may terminate the agreement at
any time before a gamete or embryo transfer by giving notice of termination in writing,
served upon all other parties, and filed with the court. If a gamete or embryo transfer does
not result in a pregnancy, a party may terminate the agreement at any time before a
subsequent gamete or embryo transfer. The written notice of termination as required by this
section must be attested by a notarial officer or witnessed.
new text end

new text begin (b) A genetic surrogate who is a party to the agreement may withdraw consent to the
agreement any time before 72 hours after the birth of a child conceived by assisted
reproduction under the agreement. To withdraw consent, the genetic surrogate must execute
a notice of termination in a written statement, served upon all other parties and filed with
the court stating the surrogate's intent to terminate the agreement. The written notice of
termination must be attested by a notarial officer or witnessed and be delivered to each
intended parent and filed with the court at any time before 72 hours after the birth of the
child.
new text end

new text begin (c) On termination of the genetic surrogacy agreement under paragraph (a), the parties
are released from all obligations under the agreement except that each intended parent
remains responsible for all expenses incurred by the genetic surrogate through the date of
termination that are reimbursable under the agreement. Unless the agreement provides
otherwise, the genetic surrogate is not entitled to any nonexpense-related compensation
paid for serving as a genetic surrogate.
new text end

new text begin (d) Except in a case involving fraud, neither a genetic surrogate nor the genetic surrogate's
spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or
liquidated damages, for terminating a genetic surrogacy agreement under this section.
new text end

Sec. 3.

new text begin [257E.52] PARENTAGE AND ORDER; GENETIC SURROGACY
AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Parentage. new text end

new text begin Unless a genetic surrogate exercises the right under section
257E.51 to terminate a genetic surrogacy agreement, each intended parent is a parent of a
child conceived by assisted reproduction under an agreement validated under section 257E.50.
new text end

new text begin Subd. 2. new text end

new text begin Court order. new text end

new text begin Unless a genetic surrogate exercises the right under section
257E.51 to terminate the genetic surrogacy agreement, on proof of a court order issued
under section 257E.50 validating the agreement, the court shall make an order:
new text end

new text begin (1) declaring that each intended parent is a parent of a child conceived by assisted
reproduction under the agreement and ordering that parental rights and duties vest exclusively
in each intended parent;
new text end

new text begin (2) declaring that the genetic surrogate and the surrogate's spouse or former spouse, if
any, are not parents of the child;
new text end

new text begin (3) designating the contents of the birth certificate and directing the Minnesota
Department of Vital Records to designate each intended parent as a parent of the child;
new text end

new text begin (4) to protect the privacy of the child and the parties, declaring that the court record is
not open to inspection except as authorized under section 257E.36;
new text end

new text begin (5) if necessary, that the child be surrendered to the intended parent or parents; and
new text end

new text begin (6) for other relief the court determines necessary and proper.
new text end

new text begin Subd. 3. new text end

new text begin Parentage after termination. new text end

new text begin If a genetic surrogate terminates a genetic
surrogacy agreement under section 257E.51, parentage of the child conceived by assisted
reproduction under the agreement must be determined under chapter 257.
new text end

new text begin Subd. 4. new text end

new text begin Parentage without assisted reproduction. new text end

new text begin If a child born to a genetic surrogate
is alleged not to have been conceived by assisted reproduction, the court shall order genetic
testing to determine the genetic parentage of the child. If the child was not conceived by
assisted reproduction, parentage must be determined under chapter 257. Unless the genetic
surrogacy agreement provides otherwise, if the child was not conceived by assisted
reproduction, the surrogate is not entitled to any nonexpense-related compensation paid for
serving as a surrogate.
new text end

new text begin Subd. 5. new text end

new text begin Failure to file notice; court order. new text end

new text begin Unless a genetic surrogate exercises the
right under section 257E.51 to terminate the genetic surrogacy agreement, if an intended
parent fails to file notice required under section 257E.50, the genetic surrogate or the
Minnesota Department of Human Services or its local county agency may file with the
court, not later than 60 days after the birth of a child conceived by assisted reproduction
under the agreement, notice that the child has been born to the genetic surrogate. Unless
the genetic surrogate has properly exercised the right under section 257E.51 to withdraw
consent to the agreement, on proof of a court order issued under subdivision 2 validating
the agreement, the court shall order that each intended parent is a parent of the child.
new text end

Sec. 4.

new text begin [257E.53] EFFECT OF NONVALIDATED GENETIC SURROGACY.
new text end

new text begin (a) A genetic surrogacy agreement, whether or not in a record, that is not validated under
section 257E.50 is enforceable only to the extent provided in this section and section 257E.55.
If all parties agree, a court may validate a genetic surrogacy agreement after assisted
reproduction has occurred but before the birth of a child conceived by assisted reproduction
under the agreement.
new text end

new text begin (b) If a child conceived by assisted reproduction under a genetic surrogacy agreement
that is not validated under section 257E.50 is born and the genetic surrogate, consistent with
section 257E.51, withdraws her consent to the agreement before 72 hours after the birth of
the child, the court shall adjudicate the parentage of the child under chapter 257.
new text end

new text begin (c) If a child conceived by assisted reproduction under a genetic surrogacy agreement
that is not validated under section 257E.50 is born and a genetic surrogate does not withdraw
her consent to the agreement before 72 hours after the birth of the child, the genetic surrogate
is not automatically a parent and the court shall adjudicate parentage of the child based on
the best interest of the child, taking into account the factors in chapter 257 and chapter 518,
and the intent of the parties at the time of the execution of the agreement.
new text end

new text begin (d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding
to adjudicate parentage under this section.
new text end

Sec. 5.

new text begin [257E.54] DEATH OF INTENDED PARENT; GENETIC SURROGACY.
new text end

new text begin (a) Except as otherwise provided in sections 257E.52 and 257E.53, on birth of a child
conceived by assisted reproduction under a genetic surrogacy agreement, each intended
parent is, by operation of law, a parent of the child, notwithstanding the death of an intended
parent during the period between the transfer of a gamete or embryo and the birth of the
child.
new text end

new text begin (b) Except as otherwise provided in sections 257E.52 and 257E.53, an intended parent
is not a parent of a child conceived by assisted reproduction under a genetic surrogacy
agreement if the intended parent dies before the transfer of a gamete or embryo unless the
agreement provides otherwise, and the transfer of the gamete or embryo occurs not later
than 36 months after the death of the intended parent, or birth of the child occurs not later
than 45 months after the death of the intended parent.
new text end

Sec. 6.

new text begin [257E.55] BREACH OF GENETIC SURROGACY AGREEMENT.
new text end

new text begin (a) Subject to section 257E.51, paragraph (b), if a genetic surrogacy agreement is breached
by a genetic surrogate or one or more intended parents, the nonbreaching party is entitled
to the remedies available at law or in equity.
new text end

new text begin (b) Specific performance is not a remedy available for breach by a genetic surrogate of
a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate
be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.
new text end

new text begin (c) Except as otherwise provided in paragraph (b), specific performance is a remedy
available for:
new text end

new text begin (1) breach of a validated genetic surrogacy agreement by a genetic surrogate of a
requirement that prevents an intended parent from exercising the full rights of parentage 72
hours after the birth of the child; or
new text end

new text begin (2) breach by an intended parent that prevents the intended parent's acceptance of duties
of parentage 72 hours after the birth of the child.
new text end

ARTICLE 6

DONOR INFORMATION

Section 1.

new text begin [257E.60] DONOR INFORMATION; APPLICABILITY.
new text end

new text begin Sections 257E.60 to 257E.64 apply only to gametes collected on or after August 1, 2024.
new text end

Sec. 2.

new text begin [257E.61] COLLECTION OF INFORMATION.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state shall collect from a donor the
donor's identifying information and donor's medical history at the time of the donation.
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state that receives gametes of a donor
collected by another gamete bank or fertility clinic shall collect the name, address, telephone
number, and electronic mail address of the gamete bank or fertility clinic from which it
received the gametes.
new text end

new text begin (c) A gamete bank or fertility clinic licensed in this state shall disclose the information
collected under paragraphs (a) and (b) only as provided under section 257E.63.
new text end

Sec. 3.

new text begin [257E.62] DONOR DISCLOSURE; RECORD.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state that collects gametes from a
donor shall provide the donor with information about the donor's choice regarding identity
disclosure and obtain a declaration from the donor regarding identity disclosure consistent
with paragraph (b).
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state shall give a donor the choice
to sign a declaration, attested by a notarial officer or witnessed, that either:
new text end

new text begin (1) states that the donor agrees to disclose the donor's identity to a child conceived by
assisted reproduction with the donor's gametes on request once the child attains 18 years
of age; or
new text end

new text begin (2) states that the donor does not agree presently to disclose the donor's identity to the
child.
new text end

new text begin (c) A gamete bank or fertility clinic licensed in this state shall permit a donor who has
signed a declaration under paragraph (b), clause (2), to withdraw the declaration at any time
by signing a declaration under paragraph (b), clause (1).
new text end

Sec. 4.

new text begin [257E.63] DISCLOSURE OF DONOR IDENTIFYING INFORMATION
AND MEDICAL HISTORY.
new text end

new text begin (a) On written request of a child conceived by assisted reproduction who has attained
18 years of age, a gamete bank or fertility clinic licensed in this state that collected the
gametes used in the assisted reproduction shall make a good faith effort to provide the child
with identifying information of the donor who provided the gametes, unless the donor signed
and did not withdraw a declaration under section 257E.62, paragraph (b), clause (2), that
the donor does not want identifying information shared.
new text end

new text begin (b) Regardless whether a donor signed a declaration under section 257E.62, paragraph
(b), clause (2), on the request of a child conceived by assisted reproduction who attains 18
years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank
or fertility clinic licensed in this state that collected the gametes used in the assisted
reproduction shall make a good faith effort to provide the child or, if the child is a minor,
the parent or guardian of the child, access to nonidentifying donor medical history.
new text end

new text begin (c) On request of a child conceived by assisted reproduction who attains 18 years of age,
a gamete bank or fertility clinic licensed in this state that received the gametes used in the
assisted reproduction from another gamete bank or fertility clinic shall disclose the name,
address, telephone number, and electronic mail address of the gamete bank or fertility clinic
from which it received the gametes.
new text end

Sec. 5.

new text begin [257E.64] CLINIC RECORDKEEPING.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state that collects gametes for use
in assisted reproduction shall maintain identifying information and medical history about
each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete
screening and testing and comply with reporting requirements, in accordance with federal
law and applicable law of this state.
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state that receives gametes from
another gamete bank or fertility clinic shall maintain the name, address, telephone number,
and electronic mail address of the gamete bank or fertility clinic from which it received the
gametes.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 257.56, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06409

257.56 ARTIFICIAL INSEMINATION.

Subdivision 1.

Husband treated as biological father.

If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the biological father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. 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 insemination.

All papers and records pertaining to the insemination, 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 father.

The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the biological father of a child thereby conceived.