Minnesota Surrogacy Laws

There is no Minnesota case law or any statute that prohibits would-be parents from practicing gestational surrogacy in Minnesota. As a result, gestational surrogacy is permitted and practiced throughout Minnesota cities like Minneapolis, St. Paul, and Rochester.

The legality of traditional surrogacy in Minnesota is unclear. There is no statute governing traditional surrogacy, but generally, a Minnesota stepparent adoption is completed following the birth of the resulting child.

Laws Concerning Parentage Orders in Minnesota

Minnesota allows for its courts to grant pre-birth parentage orders, but results vary greatly by county and venue. Courts will generally always grant Minnesota pre-birth orders declaring both intended parents as the legal parents of a child in cases where a married opposite-sex couple used their own sperm and egg to conceive the child.

Some courts with allow pleadings to be filed prior to birth under the Parentage Act, but parentage is not established until the child is born.

Egg and Sperm Donor Law in Minnesota

Under Minnesota statute, a donor of genetic material for assisted reproduction for the benefit of a recipient parent, whether sperm or ovum, cannot claim to be the child’s biological or legal parent (M.S.A. § 257.62.).

Additionally, a Minnesota donor who donates sperm to a licensed physician for use in artificial insemination is treated as if he is not the biological father of the resulting child (M.S.A. § 257.56.).

Minnesota Stepparent and Second-Parent Adoption Law

Minnesota statute allows for a stepparent in Minnesota to adopt their spouse’s child without terminating the parental rights of the birth parent who is the spouse of the petitioning step-parent (M.S.A. § 259.59.). Courts will grant Minnesota stepparent adoptions to married, unmarried, opposite, or same-sex couples.

Fertility Clinics in Minnesota

Reach Out to Baby Steps Surrogacy Center, Inc.

Minnesota surrogacy laws don’t have to be a stumbling block along your journey to parenthood or surrogate motherhood. For help cutting through the confusion, reach us through the contact buttons at the top of this page or call Baby Steps Surrogacy Center, Inc. at 412-884-2229.