SF 3452

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to assisted reproduction; authorizing embryo 
  1.3             agreements and gestational surrogacy agreements; 
  1.4             proposing coding for new law as Minnesota Statutes, 
  1.5             chapter 257C. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [257C.01] [TITLE.] 
  1.8      This chapter may be cited as the "Assisted Reproduction 
  1.9   Act." 
  1.10     Sec. 2.  [257C.02] [DEFINITIONS.] 
  1.11     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.12  section apply to this chapter. 
  1.13     Subd. 2.  [ANONYMOUS DONOR.] "Anonymous donor" means an 
  1.14  individual who is not an intended parent, who provides gametes 
  1.15  used for assisted reproduction, and whose identity is not known 
  1.16  to an intended parent. 
  1.17     Subd. 3.  [ASSISTED REPRODUCTION.] "Assisted reproduction" 
  1.18  means an attempt to achieve a pregnancy through fertilization of 
  1.19  a woman's egg with a man's sperm by a means other than sexual 
  1.20  intercourse. 
  1.21     Subd. 4.  [ASSISTED REPRODUCTIVE TECHNOLOGY.] "Assisted 
  1.22  reproductive technology" means any treatment provided for the 
  1.23  purpose of achieving assisted reproduction. 
  1.24     Subd. 5.  [COLLABORATIVE REPRODUCTION.] "Collaborative 
  1.25  reproduction" means an attempt, by an intended parent who 
  2.1   provides genetic or gestational components, to create a child 
  2.2   through assisted reproduction that involves one or more 
  2.3   individuals who provide genetic or gestational components, but 
  2.4   who do not intend to rear or have any legal relationship with 
  2.5   the resulting child.  Collaborative reproduction does not 
  2.6   include artificial insemination under section 257.56 or 
  2.7   artificial insemination of an intended parent. 
  2.8      Subd. 6.  [EMBRYO AGREEMENT.] "Embryo agreement" means a 
  2.9   written agreement governing the creation, use, and disposition 
  2.10  of embryos created by the parties. 
  2.11     Subd. 7.  [EMBRYO TRANSFER.] "Embryo transfer" means to 
  2.12  transfer an embryo into or place an embryo in the body of a 
  2.13  woman intended to gestate the embryo with the intent to achieve 
  2.14  live birth of a child. 
  2.15     Subd. 8.  [GAMETES.] "Gametes" means male reproductive 
  2.16  cells or female reproductive cells, including sperm or oocytes. 
  2.17     Subd. 9.  [GESTATIONAL SURROGACY AGREEMENT.] "Gestational 
  2.18  surrogacy agreement" means a written agreement between an 
  2.19  intended parent or parents and a gestational surrogate that the 
  2.20  gestational surrogate will gestate and bear a child that is 
  2.21  conceived through assisted reproduction for the intended parent 
  2.22  or parents. 
  2.23     Subd. 10.  [GESTATIONAL SURROGATE.] "Gestational surrogate" 
  2.24  means a woman who is not an intended parent, enters into an 
  2.25  agreement to gestate and bear a child conceived through assisted 
  2.26  reproduction for an intended parent or parents, and is not 
  2.27  related to the resulting child through the provision of her 
  2.28  gametes. 
  2.29     Subd. 11.  [INTENDED PARENT.] "Intended parent" means an 
  2.30  individual and the individual's spouse, if any, who enter into a 
  2.31  written agreement with a known donor, gestational surrogate, 
  2.32  provider, or another intended parent providing that the intended 
  2.33  parent is legally bound as the parent of any embryo created or 
  2.34  child or children born through assisted reproduction. 
  2.35     Subd. 12.  [KNOWN DONOR.] "Known donor" means an individual 
  2.36  who is not an intended parent, who provides gametes used for 
  3.1   assisted reproduction, and whose identity is known to an 
  3.2   intended parent. 
  3.3      Subd. 13.  [PROVIDER.] "Provider" means any person or 
  3.4   entity who furnishes assisted reproduction health services, is 
  3.5   appropriately credentialed to render assisted reproduction 
  3.6   health services in the state, and has a provider-patient 
  3.7   relationship with one or more intended parent, anonymous or 
  3.8   known donor, or gestational surrogate. 
  3.9      Sec. 3.  [257C.03] [GAMETE DONATION.] 
  3.10     Subdivision 1.  [COMPENSATION AUTHORIZED.] An anonymous or 
  3.11  known donor may receive reasonable compensation for the time, 
  3.12  effort, health risks, and inconvenience the donor experiences in 
  3.13  undergoing evaluation for and in creating and obtaining gametes. 
  3.14     Subd. 2.  [COMPENSATION AMOUNT.] Compensation, as permitted 
  3.15  under this section, may vary depending upon the length of time, 
  3.16  health risk, and degree of inconvenience associated with the 
  3.17  donor's effort.  Notwithstanding this, compensation must not: 
  3.18     (1) with respect to oocyte donation, be dependent upon the 
  3.19  quality or number of oocytes retrieved or embryos created; 
  3.20     (2) with respect to sperm donation, be dependent upon the 
  3.21  quality of sperm provided; or 
  3.22     (3) be conditioned upon the donor's genotypic or phenotypic 
  3.23  characteristics. 
  3.24     Subd. 3.  [PAYMENT OF EXPENSES.] The intended parent must 
  3.25  pay for the full costs of evaluating, testing, and storing a 
  3.26  known donor's gametes, including medical costs, unless the 
  3.27  parties agree in writing otherwise. 
  3.28     Subd. 4.  [DONOR'S SOCIAL AND MEDICAL HISTORY.] At the time 
  3.29  of donation, an anonymous or known donor of gametes must provide 
  3.30  a detailed social and medical history that is required of a 
  3.31  birth parent under section 259.43.  The donor's social and 
  3.32  medical history must not include personal identifiers. 
  3.33     Sec. 4.  [257C.04] [EMBRYO AGREEMENT.] 
  3.34     Subdivision 1.  [EMBRYO AGREEMENT REQUIRED.] (a) Before 
  3.35  commencing embryo creation using assisted reproduction, all 
  3.36  intended parents and a known donor must enter into a binding 
  4.1   embryo agreement.  A provider may not assist in embryo creation 
  4.2   unless the parties have entered into a binding embryo 
  4.3   agreement.  The agreement must address all of the following 
  4.4   issues, if relevant: 
  4.5      (1) within what time period and for what purpose the 
  4.6   parties intend to use the embryos; 
  4.7      (2) whether either intended parent, and if so which 
  4.8   intended parent, may use the embryos in the event of a divorce 
  4.9   or other termination of the relationship, or upon the illness or 
  4.10  death of one of the intended parents; 
  4.11     (3) following the death of one intended parent who had 
  4.12  consented to the posthumous use of cryopreserved embryos, 
  4.13  whether the surviving intended parent may donate or transfer the 
  4.14  embryos for the surviving intended parent's own parenting 
  4.15  purposes; 
  4.16     (4) after what time period and under what conditions any 
  4.17  resulting embryos are deemed abandoned; and 
  4.18     (5) if the embryos are subsequently deemed abandoned, the 
  4.19  disposition or use of the embryos. 
  4.20     (b) In addition to the provisions of paragraph (a), an 
  4.21  embryo agreement must provide that neither intended parent may 
  4.22  transfer the embryos with the intent to create a child without 
  4.23  the advance express written consent of the other intended 
  4.24  parent, if living.  No agreement to the contrary is legally 
  4.25  enforceable.  If one of two intended parents transfers the 
  4.26  embryos to create a child without the advance express written 
  4.27  consent of the other living intended parent, the nonconsenting 
  4.28  intended parent is not considered a legal parent of any 
  4.29  resulting child and has no parental rights or obligations to any 
  4.30  resulting child.  The nonconsenting intended parent may become 
  4.31  the legal parent of any resulting child if the nonconsenting 
  4.32  parent commences an action for paternity under sections 257.51 
  4.33  to 257.74 within 90 days after that parent knows of the birth of 
  4.34  the resulting child and the court establishes paternity.  
  4.35     Subd. 2.  [TERMINATION OF EMBRYO AGREEMENT.] After the 
  4.36  intended parent or parents and known donor execute an embryo 
  5.1   agreement, but before embryo transfer, any intended parent or 
  5.2   known donor may terminate the embryo agreement by giving notice 
  5.3   of termination to all other parties.  If the agreement is 
  5.4   terminated, the embryos are deemed abandoned and disposition of 
  5.5   the embryos is determined under the provisions of the embryo 
  5.6   agreement governing abandoned embryos.  All embryo agreements 
  5.7   must include each party's current residential address and a 
  5.8   permanent personal identifier. 
  5.9      Sec. 5.  [257C.05] [GESTATIONAL SURROGACY MENTAL HEALTH 
  5.10  EVALUATION AND COUNSELING.] 
  5.11     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  5.12  subdivision apply to this section. 
  5.13     (b) "Counseling" means evaluation for the purpose of 
  5.14  assessing a person's suitability to participate in collaborative 
  5.15  reproduction. 
  5.16     (c) "Counselor" means a mental health professional who 
  5.17  meets the requirements of subdivision 2. 
  5.18     (d) "Evaluation" means a meeting in person with a counselor 
  5.19  to conduct a psychological assessment of the individual's 
  5.20  suitability to participate in assisted reproduction and the 
  5.21  individual's understanding and acceptance of the psychological 
  5.22  issues relating to participation. 
  5.23     Subd. 2.  [QUALIFICATION FOR PRACTICE IN ASSISTED 
  5.24  REPRODUCTION COUNSELING.] A person is qualified to practice in 
  5.25  assisted reproduction counseling if the person has: 
  5.26     (1) a master's or doctorate degree in the field of 
  5.27  psychiatry, psychology, mental health counseling, social work, 
  5.28  psychiatric nursing, or marriage and family therapy; 
  5.29     (2) a currently valid credential to practice in the mental 
  5.30  health field in which the person holds a degree as required by 
  5.31  the state in which the individual practices; and 
  5.32     (3) knowledge of the psychosocial issues related to 
  5.33  infertility and collaborative reproduction. 
  5.34     Subd. 3.  [GESTATIONAL SURROGACY COUNSELING AND EVALUATION 
  5.35  REQUIREMENT.] (a) Before entering a written gestational 
  5.36  surrogacy agreement under section 257C.06, a prospective 
  6.1   gestational surrogate and the intended parent or parents must 
  6.2   have a mental health evaluation and counseling that meet the 
  6.3   requirements under this section. 
  6.4      (b) A provider must not initiate an assisted reproductive 
  6.5   technology procedure that involves the transfer of an embryo 
  6.6   provided by an intended parent to a gestational surrogate until: 
  6.7      (1) the gestational surrogate has an evaluation by a 
  6.8   counselor and is offered additional counseling, if required, at 
  6.9   the expense of the intended parent or parents, for a period up 
  6.10  to 180 days after the birth of the child; 
  6.11     (2) the intended parent or parents each have an evaluation 
  6.12  by a counselor; and 
  6.13     (3) any counselor who meets with the gestational surrogate 
  6.14  or intended parent or parents prepares a written recommendation 
  6.15  (i) stating that the counselor has met with the gestational 
  6.16  surrogate or the intended parent or parents; (ii) stating 
  6.17  whether the gestational surrogate or intended parent or parents 
  6.18  are suitable for participation in collaborative reproduction; 
  6.19  (iii) stating that the gestational surrogate has been offered 
  6.20  the opportunity to receive additional counseling; and (iv) 
  6.21  making any other recommendations the counselor may have. 
  6.22     (c) A provider has no duty to investigate the existence of 
  6.23  an intended parent or gestational surrogate whose identity is 
  6.24  not made known to the provider by the provider's patient or the 
  6.25  parties. 
  6.26     (d) An intended parent or gestational surrogate who is 
  6.27  evaluated or receives counseling under this subdivision may meet 
  6.28  with a counselor of the individual's own choosing. 
  6.29     Subd. 4.  [EVIDENCE OF MEETING COUNSELING 
  6.30  REQUIREMENTS.] The counseling requirements under subdivision 3 
  6.31  are met if: 
  6.32     (1) each counselor who has met with the gestational 
  6.33  surrogate or intended parent or parents prepares a written 
  6.34  recommendation regarding a gestational surrogate's or the 
  6.35  intended parent's or parents' suitability for participation in 
  6.36  collaborative reproduction as required under subdivision 3, 
  7.1   paragraph (b), clause (3); and 
  7.2      (2) the gestational surrogate signs, in the presence of a 
  7.3   notary public, a statement containing the following language: 
  7.4      "I understand that counseling is recommended for a 
  7.5   gestational surrogate involved in assisted reproduction and that 
  7.6   counseling is a separate process from any psychological 
  7.7   evaluation that [NAME OF PROVIDER] has required me to complete.  
  7.8   [NAME OF PROVIDER] has given me the option to meet with and 
  7.9   receive counseling from a mental health professional with 
  7.10  specialized knowledge of the social and psychological effect of 
  7.11  collaborative reproduction on participants at the intended 
  7.12  parent's or parents' sole expense.  My signature on this 
  7.13  document indicates that I have met with a counselor and been 
  7.14  offered the opportunity to consult further with a counselor for 
  7.15  a period up to 180 days after the birth of the child, even if I 
  7.16  elect not to receive further counseling." 
  7.17     Subd. 5.  [WRITTEN SUMMARY OF EVALUATION AVAILABLE TO 
  7.18  PARTICIPANTS IN COUNSELING.] A written summary of the 
  7.19  counselor's recommendations regarding the intended parent or 
  7.20  gestational surrogate whom the counselor evaluates may be made 
  7.21  available to the other intended parent or gestational 
  7.22  surrogate.  Before the parties enter a gestational surrogacy 
  7.23  agreement, a provider must disclose to a prospective gestational 
  7.24  surrogate and intended parent or parents that an intended parent 
  7.25  or gestational surrogate may request and receive a copy of a 
  7.26  written summary of a counselor's recommendations regarding the 
  7.27  intended parent or parents or gestational surrogate. 
  7.28     Subd. 6.  [CONFIDENTIALITY.] The written summary under 
  7.29  subdivision 5 must only state the conclusion as to whether the 
  7.30  individual is suitable for participation and must not reveal the 
  7.31  detailed reasons for the counselor's recommendations.  Access to 
  7.32  all other counseling records is governed by section 144.335. 
  7.33     Sec. 6.  [257C.06] [GESTATIONAL SURROGACY AGREEMENT.] 
  7.34     Subdivision 1.  [PARTIES; TERMS.] (a) A prospective 
  7.35  gestational surrogate, and spouse, if any, a known donor, and 
  7.36  each intended parent must enter into a written agreement 
  8.1   providing that: 
  8.2      (1) at least one intended parent agrees to provide the 
  8.3   intended parent's own gametes to create a child through assisted 
  8.4   reproduction; 
  8.5      (2) the prospective gestational surrogate may not provide 
  8.6   her own gametes to create a child through assisted 
  8.7   reproduction.  The court may waive this prohibition if the 
  8.8   gestational surrogate is a sister of an intended mother; 
  8.9      (3) the prospective gestational surrogate agrees to attempt 
  8.10  to achieve pregnancy by means of assisted reproduction and the 
  8.11  parties agree that the gestational surrogate will receive the 
  8.12  current standard of care that is recognized by the medical 
  8.13  community and that is not experimental; 
  8.14     (4) the prospective gestational surrogate can attempt to 
  8.15  achieve pregnancy for no more than 18 months from the date of 
  8.16  court approval of the agreement; 
  8.17     (5) the prospective gestational surrogate and spouse, if 
  8.18  any, and a known donor, if any, relinquish all rights and are 
  8.19  free of all duties as the parents of any children conceived 
  8.20  through assisted reproduction and are not the parents of any 
  8.21  such children for any purpose; and 
  8.22     (6) the intended parent or parents become the parent or 
  8.23  parents of any child or children conceived through assisted 
  8.24  reproduction, regardless of the number, health, or physical 
  8.25  condition of the resulting child or children. 
  8.26     (b) If the intended parent is married, the spouse of the 
  8.27  intended parent must be a party to the gestational surrogacy 
  8.28  agreement. 
  8.29     (c) The intended parent or parents must bear the cost of a 
  8.30  gestational surrogate's mental health evaluation and counseling 
  8.31  under section 257C.05. 
  8.32     (d) At least 14 days before entering a gestational 
  8.33  surrogacy agreement, the intended parent or parents must notify 
  8.34  the gestational surrogate of the surrogate's right to separate 
  8.35  legal counsel of the surrogate's own choosing at the sole 
  8.36  expense of the intended parent or parents.  The intended parent 
  9.1   or parents must pay for the gestational surrogate's legal 
  9.2   counsel and for any court filing fees and other costs associated 
  9.3   with the negotiation, execution, and judicial approval of the 
  9.4   gestational surrogacy agreement. 
  9.5      (e) The intended parent or parents may reasonably 
  9.6   compensate a gestational surrogate for her time, effort, and the 
  9.7   health risks attendant to medical evaluation, gestation, and 
  9.8   delivery. 
  9.9      (f) A gestational surrogacy agreement may not limit the 
  9.10  gestational surrogate's right to make decisions to safeguard her 
  9.11  mental or physical health or the health of the embryo or fetus. 
  9.12     (g) A gestational surrogacy agreement must address whether 
  9.13  and to what extent the intended parents will have access to 
  9.14  medical records for treatment of the gestational surrogate 
  9.15  related to the pregnancy. 
  9.16     (h) The intended parent or parents may obtain an anonymous 
  9.17  or known donor's social and medical history under section 
  9.18  257C.03, subdivision 4. 
  9.19     Subd. 2.  [PREGESTATIONAL DETERMINATION OF PARENTAGE.] (a) 
  9.20  Before embryo transfer, a gestational surrogate or intended 
  9.21  parent must petition the district court for review and approval 
  9.22  of the gestational surrogacy agreement. 
  9.23     (b) A proceeding to approve a gestational surrogacy 
  9.24  agreement may not be maintained unless: 
  9.25     (1) the gestational surrogate or the intended parent or 
  9.26  parents are residents of this state for at least 90 days; 
  9.27     (2) the prospective gestational surrogate's husband, if 
  9.28  any, is joined in the proceeding; 
  9.29     (3) all parties to the gestational surrogacy agreement are 
  9.30  at least 21 years old; 
  9.31     (4) all parties voluntarily entered into the gestational 
  9.32  surrogacy agreement and understand its terms; 
  9.33     (5) adequate provision is made for all reasonable health 
  9.34  care expenses associated with the gestational surrogacy 
  9.35  agreement until the birth of the child, including responsibility 
  9.36  for those expenses if the agreement is terminated; 
 10.1      (6) the gestational surrogate received notice of her right 
 10.2   to separate legal counsel under subdivision 1, paragraph (d), 
 10.3   the parties understand that they have a right to separate legal 
 10.4   counsel, and, if a party proceeds without legal counsel, that 
 10.5   party knowingly and voluntarily waives the right to counsel; 
 10.6      (7) the gestational surrogate and the intended parent or 
 10.7   parents have completed the mental health evaluation and 
 10.8   counseling requirements under section 257C.05 and have been 
 10.9   identified as suitable participants in collaborative 
 10.10  reproduction; 
 10.11     (8) the female intended parent's or parents', if any, 
 10.12  reproductive history or other reasonable evidence indicates that 
 10.13  the female intended parent or parents are physically unable to 
 10.14  safely bear a healthy child; 
 10.15     (9) the gestational surrogate has had at least one previous 
 10.16  successful pregnancy and delivery and bearing another child will 
 10.17  not present an unreasonable health risk to the intended child or 
 10.18  the surrogate's physical or mental health.  The court may waive 
 10.19  this requirement if the gestational surrogate is a sister of an 
 10.20  intended parent; 
 10.21     (10) the original copy of the gestational surrogacy 
 10.22  agreement and the original copies of all other related 
 10.23  agreements, if any, are attached to the petition and there are 
 10.24  no other collateral oral or written agreements between the 
 10.25  parties that are not received and reviewed by the court; 
 10.26     (11) all parties expressly agree in the petition that, for 
 10.27  a period of 180 days after the birth of the child, the Minnesota 
 10.28  district court in the county in which the agreement was 
 10.29  originally approved has exclusive and continuing jurisdiction 
 10.30  over all disputes, if any, regarding the gestational surrogacy 
 10.31  agreement and the parentage or custody of the resulting child; 
 10.32  and 
 10.33     (12) the gestational surrogate has given consent to 
 10.34  participation in collaborative reproduction after receiving a 
 10.35  full explanation of her role in collaborative reproduction. 
 10.36     Subd. 3.  [PROCEEDING FOR PREGESTATIONAL DETERMINATION OF 
 11.1   PARENTAGE.] The court must issue an order approving the 
 11.2   gestational surrogacy agreement and declaring that the intended 
 11.3   parent or parents will be the parent or parents of a child born 
 11.4   during the term of the agreement on finding that: 
 11.5      (1) all of the requirements of subdivision 1, paragraph 
 11.6   (a), and subdivision 2, paragraph (b), are met; and 
 11.7      (2) the consideration, if any, paid to the prospective 
 11.8   gestational surrogate is reasonable. 
 11.9      Subd. 4.  [PREGESTATIONAL DETERMINATION OF PARENTAGE 
 11.10  WITHOUT REPRESENTATION.] Upon petition by the gestational 
 11.11  surrogate or an intended parent, either or both of whom are not 
 11.12  represented by legal counsel, the court must hold a hearing 
 11.13  within 30 days of the filing of the petition.  Notice of the 
 11.14  hearing must be given as required by the applicable rules of 
 11.15  civil procedure.  If the court reviews and approves the 
 11.16  gestational surrogacy agreement, the court must enter an order 
 11.17  within 30 days after the hearing date approving the agreement 
 11.18  and ordering that the intended parent or parents be listed on 
 11.19  the birth record as the child's legal parent or parents in 
 11.20  accordance with the terms of the agreement. 
 11.21     Subd. 5.  [PREGESTATIONAL DETERMINATION OF PARENTAGE WITH 
 11.22  REPRESENTATION.] Upon petition by the gestational surrogate or 
 11.23  an intended parent, where both parties are represented by legal 
 11.24  counsel, the court may review and approve the gestational 
 11.25  surrogacy agreement without a hearing and without an appearance 
 11.26  by either party or legal counsel on the party's behalf.  If the 
 11.27  court approves the gestational surrogacy agreement, the court 
 11.28  must enter an order without a hearing within 30 days after the 
 11.29  filing of the petition approving the agreement and ordering that 
 11.30  the intended parent or parents be listed on the birth record as 
 11.31  the child's legal parent or parents in accordance with the terms 
 11.32  of the agreement. 
 11.33     Subd. 6.  [ENFORCEABILITY OF PREGESTATIONAL DETERMINATION 
 11.34  OF PARENTAGE.] If a court reviews and approves a gestational 
 11.35  surrogacy agreement before embryo transfer, the agreement is 
 11.36  enforceable pursuant to the terms of the agreement. 
 12.1      Subd. 7.  [ENFORCEABILITY OF PREGESTATIONAL DETERMINATION 
 12.2   THAT IS NOT COURT-APPROVED.] (a) A gestational surrogacy 
 12.3   agreement not approved by a court under this section is not 
 12.4   effective and enforceable under this chapter.  This section does 
 12.5   not affect the validity of an agreement that is not approved by 
 12.6   a court under this section that is entered into either before or 
 12.7   after August 1, 2003, if the agreement is valid under any other 
 12.8   state law. 
 12.9      (b) If a birth results under an agreement not approved by a 
 12.10  court under this section, the parent-child relationship is 
 12.11  determined under sections 257.51 to 257.74. 
 12.12     (c) An intended parent who is a party to a gestational 
 12.13  surrogacy agreement that is not approved by a court under this 
 12.14  section may be held liable for support of the resulting child 
 12.15  even if the agreement is otherwise unenforceable.  The liability 
 12.16  under this section includes assessing filing fees, reasonable 
 12.17  attorney fees, fees for genetic testing, other costs and 
 12.18  necessary travel, and other reasonable expenses incurred to 
 12.19  adjudicate parentage. 
 12.20     (d) This subdivision applies to gestational surrogacy 
 12.21  agreements not approved by the court under this section 
 12.22  regardless of whether the agreement is submitted to the court 
 12.23  for approval. 
 12.24     Subd. 8.  [PROCEEDINGS AND RECORDS, CONFIDENTIAL.] The 
 12.25  proceedings, records, and identities of the individual parties 
 12.26  to a gestational surrogacy agreement under this section are 
 12.27  subject to the standards of confidentiality applicable to 
 12.28  adoptions under sections 259.61 and 259.79. 
 12.29     Subd. 9.  [EXCLUSIVE, CONTINUING JURISDICTION.] Pursuant to 
 12.30  the express agreement of the parties, as required under 
 12.31  subdivision 2, paragraph (b), clause (11), the court conducting 
 12.32  a proceeding under this section has exclusive, continuing 
 12.33  jurisdiction over all matters arising out of the gestational 
 12.34  surrogacy agreement until a child born to the gestational 
 12.35  surrogate during the period governed by the agreement attains 
 12.36  the age of 180 days. 
 13.1      Subd. 10.  [PROHIBITION.] No party may enter into a 
 13.2   gestational surrogacy agreement regarding the birth of a child 
 13.3   conceived by sexual intercourse.  An agreement of this kind is 
 13.4   void and unenforceable. 
 13.5      Subd. 11.  [TERMINATION OF GESTATIONAL SURROGACY 
 13.6   AGREEMENT.] (a) After a court issues an order under this 
 13.7   section, but before the prospective gestational surrogate 
 13.8   becomes pregnant by means of assisted reproduction, the 
 13.9   prospective gestational surrogate, her spouse, if any, or an 
 13.10  intended parent may terminate the gestational surrogacy 
 13.11  agreement by giving written notice of termination to all other 
 13.12  parties and any participating provider. 
 13.13     (b) The court, for good cause shown, such as the death or 
 13.14  divorce of an intended parent, may also, before the prospective 
 13.15  gestational surrogate becomes pregnant by means of assisted 
 13.16  reproduction, terminate the gestational surrogacy agreement.  
 13.17  Written notice of the court's termination of the agreement must 
 13.18  be served upon all parties and any participating provider. 
 13.19     (c) A party who terminates a gestational surrogacy 
 13.20  agreement must file notice of the termination with the court.  
 13.21  On receipt of the notice, the court must vacate any order issued 
 13.22  under this section.  A party who does not notify the court of 
 13.23  the termination of the agreement is subject to appropriate 
 13.24  sanctions. 
 13.25     (d) No party is liable to the other parties for terminating 
 13.26  a gestational surrogacy agreement under this section.  
 13.27  Notwithstanding this, the intended parent or parents remain 
 13.28  liable for any medical, counseling, legal, travel, or other 
 13.29  reasonable expenses related to the gestational surrogate's 
 13.30  performance of the agreement that the gestational surrogate 
 13.31  incurs before the date the agreement is terminated. 
 13.32     Subd. 12.  [GESTATIONAL SURROGATE; EFFECT OF SUBSEQUENT 
 13.33  MARRIAGE.] After a court issues an order under this section, a 
 13.34  gestational surrogate's subsequent marriage does not affect the 
 13.35  validity of a gestational surrogacy agreement, her spouse's 
 13.36  consent to the agreement is not required, and her spouse is not 
 14.1   a presumed father of the resulting child. 
 14.2      Sec. 7.  [257C.07] [RIGHTS AND RESPONSIBILITIES OF 
 14.3   PARTIES.] 
 14.4      Subdivision 1.  [INTENDED PARENT.] (a) Upon execution of an 
 14.5   embryo or gestational surrogacy agreement, after gamete 
 14.6   retrieval but before embryo transfer, the intended parent or 
 14.7   parents have all rights, responsibilities, interests, and 
 14.8   control over the gametes retrieved or embryos they intend to 
 14.9   transfer. 
 14.10     (b) Upon the birth of a child to a gestational surrogate 
 14.11  within 300 days of the last procedure using assisted 
 14.12  reproduction under a court-approved gestational surrogacy 
 14.13  agreement, the intended parent or parents of the child are, in 
 14.14  all respects, the parent or parents of the child for all 
 14.15  purposes. 
 14.16     (c) Upon the birth of the child to a gestational surrogate, 
 14.17  the intended parent or parents or the gestational surrogate must 
 14.18  immediately furnish a certified copy of the court order issued 
 14.19  under section 257C.06 to the facility in which the birth takes 
 14.20  place or to any other person required to prepare and file a 
 14.21  birth record as provided in section 144.215.  A birth record 
 14.22  must be filed in accordance with the provisions of section 
 14.23  144.215.  A certified copy of the court order issued under 
 14.24  section 257C.06 must be sent to the state registrar by the 
 14.25  facility or person required to prepare and file a birth record. 
 14.26     (d) On application, the court may issue an order 
 14.27  supplemental to the order issued under section 257C.06.  As 
 14.28  necessary, the court, in its supplemental order, may: 
 14.29     (1) confirm that the intended parent or parents are the 
 14.30  parent or parents of the child; 
 14.31     (2) order that the child be surrendered to the intended 
 14.32  parent or parents; 
 14.33     (3) if a birth record has not been prepared and filed under 
 14.34  section 144.215, direct that a birth record be prepared and 
 14.35  filed that names the gestational surrogate as the mother of the 
 14.36  child, and direct the state registrar to replace the birth 
 15.1   record of the child, naming the intended parent or parents as 
 15.2   the parent or parents of the child on the replacement record; 
 15.3      (4) if a birth record has already been prepared and filed 
 15.4   pursuant to section 144.215, direct the state registrar to 
 15.5   replace the birth record and remove the names of any parties 
 15.6   other than the intended parent or parents, add the names of an 
 15.7   intended parent or parents, and, if necessary, change the name 
 15.8   of the child; 
 15.9      (5) if the birth is not consistent with the gestational 
 15.10  surrogacy agreement approved under section 257C.06, determine 
 15.11  the parentage of the child; and 
 15.12     (6) make any other order necessary to carry out the 
 15.13  purposes of a gestational surrogacy agreement approved under 
 15.14  section 257C.06. 
 15.15     Subd. 2.  [ANONYMOUS OR KNOWN DONOR.] (a) Upon execution of 
 15.16  a written donor agreement prior to the time of donation of 
 15.17  gametes, the anonymous or known donor relinquishes all rights, 
 15.18  responsibilities, interests, and control over: 
 15.19     (1) the gametes after the gametes have been retrieved; 
 15.20     (2) the embryo created; and 
 15.21     (3) any resulting child. 
 15.22     (b) An anonymous or known donor is not the parent of a 
 15.23  child conceived through the use of the donor's gametes for any 
 15.24  purpose. 
 15.25     Subd. 3.  [GESTATIONAL SURROGATE.] The gestational 
 15.26  surrogate and the gestational surrogate's spouse, if any, who 
 15.27  execute a court-approved written gestational surrogacy agreement 
 15.28  are not the parents of a child conceived through assisted 
 15.29  reproduction and born to the gestational surrogate pursuant to a 
 15.30  gestational surrogacy agreement for any purpose. 
 15.31     Sec. 8.  [257C.08] [INHERITANCE.] 
 15.32     Subdivision 1.  [INHERITANCE RIGHTS UNDER GESTATIONAL 
 15.33  SURROGACY AGREEMENTS.] In all cases involving gestational 
 15.34  surrogacy agreements, in the absence of a testamentary document 
 15.35  executed by an intended parent that expressly authorizes 
 15.36  inclusion of a child or children whose gestation begins after 
 16.1   the death of the intended parent, the following principles apply:
 16.2      (1) if an intended parent dies before gamete or embryo 
 16.3   transfer, the resulting child has no rights of inheritance 
 16.4   against the estate of that intended parent; and 
 16.5      (2) if one or both intended parents die at any time during 
 16.6   the pregnancy of a gestational surrogate, the resulting child is 
 16.7   an heir of both intended parents under section 524.2-108, but is 
 16.8   not an heir of the gestational surrogate and spouse, if any. 
 16.9      Subd. 2.  [INHERITANCE RIGHTS UNDER EMBRYO AGREEMENTS.] In 
 16.10  all cases involving embryo agreements, in the absence of a 
 16.11  testamentary document executed by an intended parent, the 
 16.12  following principles apply: 
 16.13     (1) if an intended parent dies after creation or storage of 
 16.14  an embryo, but before embryo transfer, the resulting child is 
 16.15  not the heir of the deceased intended parent; and 
 16.16     (2) if one or both intended parents die after embryo 
 16.17  transfer, but before birth of the child, the resulting child is 
 16.18  an heir of both intended parents under section 524.2-108. 
 16.19     Subd. 3.  [ANONYMOUS OR KNOWN DONOR.] In all cases 
 16.20  involving gestational surrogacy or embryo agreements, the 
 16.21  following principles apply: 
 16.22     (1) a child resulting from assisted reproduction is not an 
 16.23  heir of an anonymous or known donor; and 
 16.24     (2) an anonymous or known donor has no rights of 
 16.25  inheritance against the child or the child's estate. 
 16.26     Sec. 9.  [INSTRUCTION TO REVISOR.] 
 16.27     The revisor shall renumber Minnesota Statutes, section 
 16.28  257.56, to become section 257C.09 and correct all references to 
 16.29  that section in Minnesota Statutes and Minnesota Rules. 
 16.30     Sec. 10.  [EFFECTIVE DATE.] 
 16.31     Sections 1 to 9 are effective August 1, 2003.