State-by-State Surrogacy Laws: Surrogacy in Minnesota
If you dream of either becoming a surrogate or starting/completing your family via surrogacy, it’s quite possible to have a successful surrogacy journey in the state of Minnesota. There are many aspects to surrogacy you should know as you begin exploring a potential journey in the North Star state.
Like many other states, in Minnesota, there is an absence of laws regulating surrogacy. There aren’t statutes which discuss surrogacy nor is there a history of published case law. Despite being around for decades, there are still many places where the laws have not kept up with advances in Assisted Reproduction. Despite that, Minnesota is still a reliably good choice for surrogacy. There are ethnical and practical safeguards that have been put in place by local surrogacy-focused medical and legal professionals and many courts have ruled favorably with respect to pre-birth orders involving surrogacy.
The information presented below is meant as a guide and should never be used as a replacement for an attorney specializing in Assisted Reproduction, especially one that is familiar with local law regarding surrogacy.
Is compensated surrogacy permitted in Minnesota?
Yes. In Minnesota, there are no specific restrictions on commercial, traditional, or gestational surrogacy. In short, all types of surrogacy is allowed including commercial/compensated surrogacy, as well as, traditional surrogacy. With traditional surrogacy the direct genetic relationship of the child to the surrogate can be an issue if a conflict between Intended Parents and carrier arises, so it’s generally avoided. This is in contrast to gestational surrogacy where the surrogate is carrying an implanted embryo that she is not biologically related to.
What can you tell me about doing an independent journey in Minnesota? Is it possible to match without paying for an expensive agency?
Yes and there are several great reasons you may wish to forgo a surrogacy agency and do all the coordination and management of the surrogacy journey yourself. More on that below.
It’s essential to note that surrogacy agreements usually consider the legal framework in the state the surrogate lives in, not usually the state or country the Intended Parent is a resident of. Sometimes contracts are drawn with the IP’s home and its laws in mind, though this is decidedly more uncommon and may not be an available option.
It’s tempting, but you should never ask a surrogate to move to another state for the purposes of being nearby or because you happen to live in a more surrogacy-friendly area. Compelling a surrogate to relocate can create major issues from a legal and ethical stand point. Before you begin, consult a qualified attorney and take their expert advice regarding your legal rights in Minnesota and how to proceed with surrogacy in Minnesota specifically.
Check out Surrogacy Place’s attorney directory to find Minnesota-licensed lawyers who are able to answer specific questions you may have.
What types of Intended Parents can achieve parenthood via surrogacy in Minnesota?
All types of individuals whether married or unmarried, LGBTQ+ or straight, experiencing infertility or medical/physical limitations can complete a surrogacy journey in the state. If you know surrogacy is the right decision, you can pursue surrogacy in Minnesota. Individuals from a variety of family structures, backgrounds, and sexual orientations have successfully undergone surrogacy journeys in Minnesota.
Keep in mind the following concerning surrogacy in Minnesota:
Pre-birth orders not a predictable process in the state. Whether or not they are granted depends entirely on the presiding judge. In cases where pre-birth orders are not available, post-birth orders/adoptions are available to establish parentage. Always check with an Assisted Reproduction attorney licensed in Minnesota for how best to pursue and protect your parental rights. Heterosexual and LGBTQ+ families are treated the same under the law.
In Minnesota and in all places where surrogacy is practiced, you’ll need a surrogacy agreement in place before proceeding with embryo transfer. These agreements cover how much a surrogate will be paid over the course of the journey, the responsibilities of all parties involved, and are meant to codify feelings on topics ranging from vaccines to health protocols to what to do in the event of pregnancy complications.
Abortion in Minnesota is protected under the law. The Minnesota Supreme Court previously ruled the state constitution guaranteed a woman the fundamental right to an abortion. More recently, the Legislature passed a bill guaranteeing access to all who want or need reproductive healthcare including surrogates. If a surrogate needs care following a pregnancy-related complication, she is able to do so locally.
Steps to Become a Surrogate in Minnesota
If you think you’re ready and this is your first time exploring surrogacy, we prepared this short quiz as an overview of the basic requirements.
Here are some of the expected requirements:
- You are/will be between 21-44 years old.
- Your overall health is excellent which makes pregnancy complications less likely.
- You are tobacco/drug free and will not use alcohol while pregnant.
- You have had no serious issues with past pregnancies including postpartum depression, and you have had at least one biological kid of your own.
- Your home is stable and have a strong support system. You are not accepting/applying for government financial assistance.
Read our comprehensive requirements guide for surrogates.
If you meet all the requirements, you can begin matching with Intended Parents in Minnesota or elsewhere (including Internationally). Surrogacy Place’s self-matching independent surrogacy platform allows you to find IPs and surrogates based on your needs. This includes where they live, traditional vs. gestational surrogacy, compensation levels, and more.
After matching, the next step is medical clearance where a Reproductive Endocrinologist will go over your medical records and do an in-person examination. If you are cleared, lawyers representing each party will finalize a contract. After a period of negotiations and if everyone is on the same page, the agreement will be signed and you’re ready to officially being your journey.
We have an eight-step guide for specifics on becoming a surrogate.
Finding a Surrogate in State of Minnesota (or elsewhere!)
Surrogacy Place’s ID-verification platform is designed for surrogates and Intended Parents to match and chat directly with each other. If you need gestational or traditional carriers in Minnesota, Surrogacy Place offer exclusive tools, including the means to search by location.
Considering an Independent Journey in Minnesota?
The top reasons cited by most Intended Parents is saving money on the extraordinary agency matching fees and not being stuck with an agency who doesn’t match them with the right types of surrogates. Many surrogates also prefer to negotiate their own fees and requirements vs. cookie cutter standards established by agencies, many of which will try to encourage surrogates to go lower in base fees since Intended Parents are already incurring huge agency costs. Surrogates, in partnership with their attorneys (always picked by the surrogates themselves, but paid for by Intended Parents), often find the more personal guidance from an attorney who is only focused on their interests with no agency goals in mind to be preferable.
At the end of the day, the decision to go independent or use an agency is up to each individual. Here are some of the reasons many surrogates specifically prefer independent journeys.
Looking for an overview on surrogacy in another state? Read details from other states in our state by state comparison hub.