SF 2662

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to assisted reproduction; changing certain regulations; amending
Minnesota Statutes 2006, section 257.56.

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

Section 1.

Minnesota Statutes 2006, section 257.56, is amended to read:

257.56 ARTIFICIAL INSEMINATION ASSISTED REPRODUCTION.

Subdivision 1.

Husband Partner treated as biological father parent; woman
treated as biological mother.

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

(b) If, under the supervision of a licensed physician and with the consent of her
partner, if any, a woman has embryos created with eggs donated by another woman and
her partner's or a donor's sperm transferred into her uterus for gestation, the woman and
her partner, if any, are treated in law as if they were the biological parents of a child
thereby gestated and delivered.

(c) The woman and her partner, if any, must consent in a writing signed by both the
partner and the woman that they intend to become the legal parents of the resulting child.
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 or embryo transfer.

(d) All papers and records pertaining to the insemination or embryo transfer, 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 parent.

The donor of semen, eggs,
or embryos provided to a licensed physician for use in artificial insemination of assisted
reproduction for a married woman other than the donor's wife partner is treated in law
as if he the donor were not the biological father or mother of a child thereby conceived,
gestated, and delivered.

Subd. 3.

Effect of noncompliance.

In the event of noncompliance with any of the
requirements or terms of subdivision 1, a court of competent jurisdiction shall determine
the respective parental rights and obligations of the parties, including both the intended
parents and donors, based solely on evidence of the parties' original intent.

Sec. 2. EFFECTIVE DATE.

Section 1 is effective the day following final enactment and applies to donations
made before, on, or after the effective date.