Minnesota Legislature
SF 755
as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 03:20pm
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A bill for an act
relating to family law; clarifying the parentage of a woman who provides donated
ova; clarifying rights of spouse to parentage when assisted reproductive technology
is used; amending Minnesota Statutes 2018, section 257.56.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 257.56, is amended to read:
257.56 deleted text begin ARTIFICIAL INSEMINATIONdeleted text end new text begin ASSISTED REPRODUCTIVE
TECHNOLOGYnew text end .
Subdivision 1.
deleted text begin Husbanddeleted text end new text begin Spouse new text end treated as biological deleted text begin fatherdeleted text end new text begin parentnew text end .
If, under the
supervision of a licensed physician deleted text begin and with the consent of her husband, a wife is inseminated
artificially with semen donated by a man not her husband, the husbanddeleted text end new text begin , a woman conceives
through assisted reproduction, with the consent of her spouse, with semen or ovum or both
donated by a donor not her spouse, then the spouse of the woman who conceivesnew text end is treated
in law as if deleted text begin he weredeleted text end new text begin the spouse isnew text end the biological deleted text begin fatherdeleted text end new text begin parentnew text end of a child thereby conceived.
The deleted text begin husband'sdeleted text end new text begin spouse'snew text end consent must be in writing and signed by deleted text begin him and his wifedeleted text end new text begin the spouse
and the woman conceiving through assisted reproductionnew text end . 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 deleted text begin artificial inseminationdeleted text end new text begin assisted reproductive technologynew text end .
All papers and records pertaining to the deleted text begin inseminationdeleted text end new text begin assisted reproductionnew text end , 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 deleted text begin fatherdeleted text end new text begin parentnew text end .
new text begin (a) new text end The donor of semen provided
to a licensed physician for use in artificial insemination of a deleted text begin marrieddeleted text end woman other than the
donor's deleted text begin wifedeleted text end new text begin spousenew text end is treated in law as if deleted text begin hedeleted text end new text begin the donornew text end were not the biological deleted text begin fatherdeleted text end new text begin parentnew text end
of a child thereby conceivednew text begin unless the court finds satisfactory evidence that the donor and
the woman intended for the donor to be a parentnew text end .
new text begin
(b) The donor of ova for use in assisted reproduction by a woman other than the donor's
spouse is treated in law as if the donor were not the biological parent of a child thereby
conceived unless the court finds satisfactory evidence that the woman intended for the donor
to be a parent.
new text end