SF 901

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; adopting the Uniform Status of 
  1.3             Children of Assisted Conception Act; proposing coding 
  1.4             for new law as Minnesota Statutes, chapter 258A. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [258A.01] [DEFINITIONS.] 
  1.7      In this chapter: 
  1.8      (1) "Assisted conception" means a pregnancy resulting from 
  1.9   (i) fertilizing an egg of a woman with sperm of a man by means 
  1.10  other than sexual intercourse or (ii) implanting an embryo, but 
  1.11  the term does not include the pregnancy of a wife resulting from 
  1.12  fertilizing her egg with sperm of her husband. 
  1.13     (2) "Donor" means an individual, other than a surrogate, 
  1.14  who produces egg or sperm used for assisted conception, whether 
  1.15  or not a payment is made for the egg or sperm used, but does not 
  1.16  include a woman who gives birth to a resulting child. 
  1.17     (3) "Intended parents" means a man and woman, married to 
  1.18  each other, who enter into an agreement under this chapter 
  1.19  providing that they will be the parents of a child born to a 
  1.20  surrogate through assisted conception using egg or sperm of one 
  1.21  or both of the intended parents. 
  1.22     (4) "Surrogate" means an adult woman who enters into an 
  1.23  agreement to bear a child conceived through assisted conception 
  1.24  for intended parents. 
  1.25     Sec. 2.  [258A.02] [MATERNITY.] 
  2.1      Except as provided in sections 5 to 9, a woman who gives 
  2.2   birth to a child is the child's mother. 
  2.3      Sec. 3.  [258A.03] [ASSISTED CONCEPTION BY MARRIED WOMAN.] 
  2.4      Except as provided in sections 5 to 9, the husband of a 
  2.5   woman who bears a child through assisted conception is the 
  2.6   father of the child, notwithstanding a declaration of invalidity 
  2.7   or annulment of the marriage obtained after the assisted 
  2.8   conception, unless within two years after learning of the 
  2.9   child's birth he commences an action in which the mother and 
  2.10  child are parties and in which it is determined that he did not 
  2.11  consent to the assisted conception. 
  2.12     Sec. 4.  [258A.04] [PARENTAL STATUS OF DONORS AND DECEASED 
  2.13  INDIVIDUALS.] 
  2.14     Except as otherwise provided in sections 5 to 9: 
  2.15     (a) Donor is not a parent of a child conceived through 
  2.16  assisted conception. 
  2.17     (b) An individual who dies before implantation of an 
  2.18  embryo, or before a child is conceived other than through sexual 
  2.19  intercourse, using the individual's egg or sperm, is not a 
  2.20  parent of the resulting child. 
  2.21     Sec. 5.  [258A.05] [SURROGACY AGREEMENT.] 
  2.22     (a) A surrogate, her husband, if she is married, and 
  2.23  intended parents may enter into a written agreement whereby the 
  2.24  surrogate relinquishes all her rights and duties as a parent of 
  2.25  a child to be conceived through assisted conception, and the 
  2.26  intended parents may become the parents of the child pursuant to 
  2.27  section 8. 
  2.28     (b) If the agreement is not approved by the court under 
  2.29  section 6 before conception, the agreement is void and the 
  2.30  surrogate is the mother of a resulting child and the surrogate's 
  2.31  husband, if a party to the agreement, is the father of the 
  2.32  child.  If the surrogate's husband is not a party to the 
  2.33  agreement or the surrogate is unmarried, paternity of the child 
  2.34  is governed by the parentage act, sections 257.51 to 257.74. 
  2.35     Sec. 6.  [258A.06] [PETITION AND HEARING FOR APPROVAL OF 
  2.36  SURROGACY AGREEMENT.] 
  3.1      (a) The intended parents and the surrogate may file a 
  3.2   petition in the appropriate court to approve a surrogacy 
  3.3   agreement if one of them is a resident of this state.  The 
  3.4   surrogate's husband, if she is married, must join in the 
  3.5   petition.  A copy of the agreement must be attached to the 
  3.6   petition.  The court shall name a guardian ad litem to represent 
  3.7   the interests of a child to be conceived by the surrogate 
  3.8   through assisted conception and may appoint counsel to represent 
  3.9   the surrogate. 
  3.10     (b) The court shall hold a hearing on the petition and 
  3.11  shall enter an order approving the surrogacy agreement, 
  3.12  authorizing assisted conception for a period of 12 months after 
  3.13  the date of the order, declaring the intended parents to be the 
  3.14  parents of a child to be conceived through assisted conception 
  3.15  pursuant to the agreement, and discharging the guardian ad litem 
  3.16  and attorney for the surrogate, upon finding that: 
  3.17     (1) the court has jurisdiction and all parties have 
  3.18  submitted to its jurisdiction under paragraph (e) and have 
  3.19  agreed that the law of this state governs all matters arising 
  3.20  under this chapter and the agreement; 
  3.21     (2) the intended mother is unable to bear a child or is 
  3.22  unable to do so without unreasonable risk to an unborn child or 
  3.23  to the physical or mental health of the intended mother or 
  3.24  child, and the finding is supported by medical evidence; 
  3.25     (3) the relevant child welfare agency has made a home study 
  3.26  of the intended parents and the surrogate and a copy of the 
  3.27  report of the home study has been filed with the court; 
  3.28     (4) the intended parents, the surrogate, and the 
  3.29  surrogate's husband, if she is married, meet the standards of 
  3.30  fitness applicable to adoptive parents in this state; 
  3.31     (5) all parties have voluntarily entered into the agreement 
  3.32  and understand its terms, nature, and meaning, and the effect of 
  3.33  the proceeding; 
  3.34     (6) the surrogate has had at least one pregnancy and 
  3.35  delivery and bearing another child will not pose an unreasonable 
  3.36  risk to the unborn child or to the physical or mental health of 
  4.1   the surrogate or the child, and this finding is supported by 
  4.2   medical evidence; 
  4.3      (7) all parties have received counseling concerning the 
  4.4   effect of the surrogacy by a qualified health care professional 
  4.5   or social worker and a report containing conclusions about the 
  4.6   capacity of the parties to enter into and fulfill the agreement 
  4.7   has been filed with the court; 
  4.8      (8) a report of the results of any medical or psychological 
  4.9   examination or genetic screening agreed to by the parties or 
  4.10  required by law has been filed with the court and made available 
  4.11  to the parties; 
  4.12     (9) adequate provision has been made for all reasonable 
  4.13  health care costs associated with the surrogacy until the 
  4.14  child's birth including responsibility for those costs if the 
  4.15  agreement is terminated pursuant to section 7; and 
  4.16     (10) the agreement will not be substantially detrimental to 
  4.17  the interest of any of the affected individuals. 
  4.18     (c) Unless otherwise provided in the surrogacy agreement, 
  4.19  all court costs, attorney fees, and other costs and expenses 
  4.20  associated with the proceeding must be assessed against the 
  4.21  intended parents. 
  4.22     (d) Notwithstanding any other law concerning judicial 
  4.23  proceedings or vital statistics, the court shall conduct all 
  4.24  hearings and proceedings under this section in camera.  The 
  4.25  court shall keep all records of the proceedings confidential and 
  4.26  subject to inspection under the same standards applicable to 
  4.27  adoptions.  At the request of any party, the court shall take 
  4.28  steps necessary to ensure that the identities of the parties are 
  4.29  not disclosed. 
  4.30     (e) The court conducting the proceedings has exclusive and 
  4.31  continuing jurisdiction of all matters arising out of the 
  4.32  surrogacy until a child born after entry of an order under this 
  4.33  section is 180 days old. 
  4.34     Sec. 7.  [258A.07] [TERMINATION OF SURROGACY AGREEMENT.] 
  4.35     (a) After entry of an order under section 6, but before the 
  4.36  surrogate becomes pregnant through assisted conception, the 
  5.1   court for cause, or the surrogate, her husband, or the intended 
  5.2   parents may terminate the surrogacy agreement by giving written 
  5.3   notice of termination to all other parties and filing notice of 
  5.4   the termination with the court.  Thereupon, the court shall 
  5.5   vacate the order entered under section 6. 
  5.6      (b) A surrogate who has provided an egg for the assisted 
  5.7   conception pursuant to an agreement approved under section 6 may 
  5.8   terminate the agreement by filing written notice with the court 
  5.9   within 180 days after the last insemination pursuant to the 
  5.10  agreement.  Upon finding, after notice to the parties to the 
  5.11  agreement and hearing, that the surrogate has voluntarily 
  5.12  terminated the agreement and understands the nature, meaning, 
  5.13  and effect of the termination, the court shall vacate the order 
  5.14  entered under section 6. 
  5.15     (c) The surrogate is not liable to the intended parents for 
  5.16  terminating the agreement pursuant to this section. 
  5.17     Sec. 8.  [258A.08] [PARENTAGE UNDER APPROVED SURROGACY 
  5.18  AGREEMENT.] 
  5.19     (a) The following rules of parentage apply to surrogacy 
  5.20  agreements approved under section 6. 
  5.21     (1) Upon birth of a child to the surrogate, the intended 
  5.22  parents are the parents of the child and the surrogate and her 
  5.23  husband, if she is married, are not parents of the child unless 
  5.24  the court vacates the order pursuant to section 7, paragraph (b).
  5.25     (2) If, after notice of termination by the surrogate, the 
  5.26  court vacates the order under section 7, paragraph (b), the 
  5.27  surrogate is the mother of a resulting child, and her husband, 
  5.28  if a party to the agreement, is the father.  If the surrogate's 
  5.29  husband is not a party to the agreement or the surrogate is 
  5.30  unmarried, paternity of the child is governed by the parentage 
  5.31  act, sections 257.51 to 257.74. 
  5.32     (b) Upon birth of the child, the intended parents shall 
  5.33  file a written notice with the court that a child has been born 
  5.34  to the surrogate within 300 days after assisted conception.  
  5.35  Thereupon, the court shall enter an order directing the division 
  5.36  of vital statistics of the department of health to issue a new 
  6.1   birth certificate naming the intended parents as parents and to 
  6.2   seal the original birth certificate in the records of the 
  6.3   division of vital statistics of the department of health. 
  6.4      Sec. 9.  [258A.09] [SURROGACY; MISCELLANEOUS PROVISIONS.] 
  6.5      (a) A surrogacy agreement that is the basis of an order 
  6.6   under section 6 may provide for the payment of consideration. 
  6.7      (b) A surrogacy agreement may not limit the right of the 
  6.8   surrogate to make decisions regarding her health care or that of 
  6.9   the embryo or fetus. 
  6.10     (c) After the entry of an order under section 6, marriage 
  6.11  of the surrogate does not affect the validity of the order, and 
  6.12  her husband's consent to the surrogacy agreement is not 
  6.13  required, nor is he the father of a resulting child. 
  6.14     (d) A child born to a surrogate within 300 days after 
  6.15  assisted conception pursuant to an order under section 6 is 
  6.16  presumed to result from the assisted conception.  The 
  6.17  presumption is conclusive as to all persons who have notice of 
  6.18  the birth and who do not commence within 180 days after notice, 
  6.19  an action to assert the contrary in which the child and the 
  6.20  parties to the agreement are named as parties.  The action must 
  6.21  be commenced in the court that issued the order under section 6. 
  6.22     (e) A health care provider is not liable for recognizing 
  6.23  the surrogate as the mother before receipt of a copy of the 
  6.24  order entered under section 6 or for recognizing the intended 
  6.25  parents as parents after receipt of an order entered under 
  6.26  section 6. 
  6.27     Sec. 10.  [258A.10] [PARENT AND CHILD RELATIONSHIPS; STATUS 
  6.28  OF CHILD.] 
  6.29     (a) A child whose status as a child is declared or negated 
  6.30  by this chapter is the child only of the child's parents as 
  6.31  determined under this chapter. 
  6.32     (b) Unless superseded by later events forming or 
  6.33  terminating a parent and child relationship, the status of 
  6.34  parent and child declared or negated by this chapter as to a 
  6.35  given individual and a child born alive controls for purposes of:
  6.36     (1) intestate succession; 
  7.1      (2) probate law exemptions, allowances, or other 
  7.2   protections for children in a parent's estate; and 
  7.3      (3) determining eligibility of the child or its descendants 
  7.4   to share in a donative transfer from any person as a member of a 
  7.5   class determined by reference to the relationship. 
  7.6      Sec. 11.  [258A.11] [SHORT TITLE.] 
  7.7      This chapter may be cited as the "Uniform Status of 
  7.8   Children of Assisted Conception Act." 
  7.9      Sec. 12.  [EFFECTIVE DATE.] 
  7.10     This act applies to surrogacy agreements entered into after 
  7.11  August 1, 1999.