MN HF2994

Traditional surrogacy arrangements are invalid and unenforceable; parentage and custody remain with the birth mother until she chooses to terminate parental rights.

Gestational surrogacy contracts are enforceable if both parties have separate legal counsel, the contract is executed before medical procedures begin, and it includes required provisions for insurance, single-embryo transfer, estate planning, and physician choice.

Intended parents must be a married couple who have been married at least two years, with at least one contributing a gamete, and must provide medical evidence of infertility; gestational surrogates must be at least 21 years old, U.S. citizens or legal residents, have previously given birth, and meet financial and health requirements.

Operating a for-profit surrogacy agency is a felony punishable by up to two years in prison and a $25,000 fine; only nonprofit surrogacy corporations licensed by the Department of Human Services may receive compensation for facilitating arrangements.

Upon valid contract completion, intended parents become sole legal parents and custody vests with them within five business days of birth after attorneys provide joint written certification of valid contract and satisfactory performance.