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Minnesota Legislature

Office of the Revisor of Statutes

SF 755

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 03:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7

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 beginARTIFICIAL INSEMINATIONdeleted text endnew text begin ASSISTED REPRODUCTIVE
TECHNOLOGY
new text end.

Subdivision 1.

deleted text beginHusbanddeleted text end new text beginSpouse new text endtreated as biological deleted text beginfatherdeleted text endnew text begin parentnew text end.

If, under the
supervision of a licensed physician deleted text beginand with the consent of her husband, a wife is inseminated
artificially with semen donated by a man not her husband, the husband
deleted text endnew 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 conceives
new text end is treated
in law as if deleted text beginhe weredeleted text endnew text begin the spouse isnew text end the biological deleted text beginfatherdeleted text endnew text begin parentnew text end of a child thereby conceived.
The deleted text beginhusband'sdeleted text endnew text begin spouse'snew text end consent must be in writing and signed by deleted text beginhim and his wifedeleted text endnew text begin the spouse
and the woman conceiving through assisted reproduction
new 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 beginartificial inseminationdeleted text endnew text begin assisted reproductive technologynew text end.

All papers and records pertaining to the deleted text begininseminationdeleted text endnew 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 beginfatherdeleted text endnew text begin parentnew text end.

new text begin(a) new text endThe donor of semen provided
to a licensed physician for use in artificial insemination of a deleted text beginmarrieddeleted text end woman other than the
donor's deleted text beginwifedeleted text endnew text begin spousenew text end is treated in law as if deleted text beginhedeleted text endnew text begin the donornew text end were not the biological deleted text beginfatherdeleted text endnew 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 parent
new 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