Limited / fact-dependent framework

Surrogacy laws in Minnesota

Minnesota does not currently have a comprehensive gestational-surrogacy statute. Its assisted-reproduction chapter expressly excludes surrogacy from that statutory framework.

What current Minnesota law says

Minnesota Statutes Chapter 257E governs assisted reproduction, but its definition of assisted reproduction expressly excludes a pregnancy under a surrogacy agreement, the pregnancy of a surrogate, transfer of an embryo to a surrogate, and conception pursuant to a surrogacy agreement. That means Chapter 257E should not be treated as a surrogacy parentage code.

Parentage procedure

The availability, timing and form of any parentage order must be confirmed for the specific case with Minnesota reproductive counsel. This page does not assume that a pre-birth order is generally available or that a particular court or county guarantees a result.

Agreement and compensation

The agreement should address compensation and expenses, insurance, medical autonomy, legal costs, termination provisions and dispute procedures. The legal treatment of those provisions should be reviewed under current Minnesota law.

Pending legislation

Proposals introduced in the legislature can change the landscape, but a bill should not be described as current law unless it has been enacted and taken effect.

What this means for a surrogate

Before signing an agreement or beginning treatment, use independent Minnesota reproductive counsel to confirm the governing law, jurisdiction, parentage strategy and contract terms for the proposed match.

Confirm the legal pathway before you sign.

Use Minnesota counsel for the agreement and parentage plan.

Read legal considerations