MN SF4491

Traditional surrogacy arrangements are declared invalid and unenforceable; the birth mother retains all parental rights until she voluntarily terminates them

Gestational surrogacy contracts are enforceable when both parties have separate legal counsel, complete medical and mental health evaluations, and meet eligibility requirements including being at least 21 years old, U.S. citizens or legal residents, and financially stable (less than $10,000 household debt excluding mortgage/auto)

Intended parents must be married at least two years, provide at least one gamete for the embryo, and have a physician's affidavit confirming inability to conceive or carry a pregnancy; surrogates must have previously given birth to a live child

Compensating gestational surrogates beyond actual expenses (medical, legal, travel, insurance) is prohibited, and contracts requiring the surrogate to terminate a pregnancy or limiting her medical decision-making are invalid

Operating a for-profit surrogacy agency is a felony punishable by up to 2 years imprisonment and $25,000 fine; only licensed nonprofit corporations may facilitate surrogacy arrangements in Minnesota