Surrogacy in Minneapolis

A surrogate is a woman who carries a child for another woman who cannot conceive or has difficulty carrying a pregnancy to term.

Traditional surrogates are inseminated with sperm and give birth to a child who shares her genetic material, since the surrogate's eggs are used. Gestational surrogates are implanted with an embryo, and the child is not biologically related to the surrogate or carrier.

Surrogacy Laws in Minnesota

Like over 30 other states, Minnesota does not have any clear laws that deal with surrogacy. However, an unpublished court opinion suggests that the state may look favorably upon surrogacy agreements.

This 2007 Minnesota Court of Appeals case dealt with a gay male from New York who paid a gestational surrogate $20,000 to gestate an embryo for him. Their surrogacy agreement included the “choice of law” provision, which called for Illinois law to apply to the contract, since the majority of the medical procedures were done in that state. After the birth, the surrogate refused to turn over custody to the man. The man then filed paternity action in Minnesota, which found that he was the legal father of the child. However, this court opinion remains unpublished and cannot be cited.

In 2008, Minnesota legislature passed a bill that would legalize gestational agreements by using the phrase “intended parents” rather than “mother and father.” Unfortunately, Republican Governor Tim Pawlenty vetoed the bill over concerns about the rights of the surrogate mothers.

Minnesota also has no laws prohibiting the adoption of children by gay or lesbian parents, or joint adoption by same-sex couples.

Minneapolis Surrogacy Agencies

Many couples turn to surrogacy agencies to match them up with potential surrogates. Before surrogates can begin the process, the surrogacy agencies require vigorous physical and emotional testing.

The following agency works with clients in Minneapolis:

• International Assisted Reproduction Center

Fertility clinics in the Minneapolis area also work with surrogacy clients. They are:

• Center for Reproductive Medicine Advanced Reproductive Technologies
• Reproductive Medicine Center

It is important to recognize that there are many legal complexities involved with surrogacy. For this reason, it is very important you retain the services of a lawyer who has experience in reproductive law.