Surrogacy Laws in Minnesota

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Fast Facts

  • Is Minnesota a surrogate friendly state: Yes.
  • Can Parent(s) obtain a birth order without an adoption: Genetic parents can obtain a birth order without an adoption. Non-genetic parents may require a stepparent adoption to establish their parentage, but this depends on the county and the court.
  • Can birth order be obtained without a genetic connection to Child: Yes, specific counties and courts will grant birth orders with no genetic connection to Child.

Summary of Minnesota surrogacy law

Minnesota has no statutory law governing surrogacy arrangements. Existing parentage law states that parentage can be established based on genetic relationship to child, birth relationship to child, and marital relationship to an established parent. The parentage statutes that would apply in a surrogacy case set forth that changes to who is and is not a parent in a surrogacy case should be established after the birth of the child. However, some judges will grant pre-birth orders in surrogacy cases by applying their judicial discretion. Overall, the process for establishing parentage in a surrogacy case in Minnesota is highly flexible and reliable due to an ability to choose a surrogacy-friendly county as venue for the legal proceedings and our courts’ extensive experience with surrogacy cases.

Summary provided by

Keely Seaverson, JD
Collective Surrogacy
(612) 887-1615

Attorneys specializing in surrogacy law in Minnesota

Keely Seaverson, JD
Collective Surrogacy
(612) 887-1615

Lynn Slaathaug Moen, Esq.
Nilson Brand Law
(701) 786-6040
4950 13th Ave. S. Suite 20
Fargo, ND 58103

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