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Surrogacy in Minnesota handled by child custody, other agreements


Minnesota is among one of theU.S. states that does not currently have any laws governing surrogacy. Surrogacy is the act of carrying and giving birth to another person's child, by means of implementation. Those who seek surrogacy option are often unable to conceive or carry a child until full-term. Currently, those seeking surrogacy in MN often look to family law and other contracts to dictate the process.

However, lobbyists have stepped up to argue against the legitimacy of surrogacy in the state. Some proponents say that it is 'renting a womb' and therefore shouldn't be allowed. However, those who have sought surrogacy as a way to grow their family beg to differ. One in eight couples has a hard time conceiving, and surrogacy may be the way to solve their problem.

For one Minnesota couple, seeking surrogacy was a process that may have been unusual, but it did lead to the birth of their child. Both parties involved underwent psychological tests, discussed health insurance and were advised to seek counsel to protect themselves from conflicts of interest. The lobbyists in the state against surrogacy have recommended a variety of changes to be made into law including the request to have any "intended parents" to document medical need, and create an estate plan providing for child custody and care of the child, before moving forward.

While it isn't likely that surrogacy will be completely eliminated, per Minnesota law, it does seem that there will be developing legislation in the coming years. Since MN does not yet have any legislation discussing surrogacy or the legal implications, it's an area that is due to be discussed and debated. Technology has given parenthood possibilities a new frontier. How that will affect state legislation has yet to be seen.

Source: startribune.com, "Surrogacy is the latest reproductive rights debate at the Minnesota capital," Jean Hopfensperfer, February 13, 2017

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