Hennepin County Adoption Law Blog

A lawsuit that resulted from the inadvertent destruction of more than 4,000 frozen eggs and embryos is causing legal repercussions far beyond the immediate aftermath of the incident.

Last March, a storage tank malfunctioned at the University Hospitals Fertility Center in Cleveland, destroying the saved eggs and embryos of 950 patients. Several weeks later, Wendy and Rick Penniman sued to challenge Ohio's legal precedent that a fetus that is not yet viable is not a person under the wrongful death law.

By January 1, 2019 there will only be three states that have published statutes or case law that prohibit compensated surrogacy contracts - those states being Louisiana, Michigan and New York. With the State of Washington amending its Uniform Parentage Act to decriminalize compensated surrogacy to be effective January 1, 2019 and New Jersey just recently providing for enforceable gestational carrier agreements.

Surrogacy in Pop Culture

Surrogacy is making a dramatic entrance into the pop culture world with many celebrities and public figures coming forward about having children via surrogacy as well as many television shows now addressing the topic of surrogacy. Actors Sarah Jessica Parker and Matthew Broderick welcomed twins in 2009 using a surrogate after struggling to conceive after the birth of their son. Actor Neil Patrick Harris and his husband, David Burtka, welcomed twins in 2010 via surrogacy. Comedienne and television host, Jimmy Fallon and his wife, Nancy Juvonen, used a surrogate for both of their children after struggling with infertility. Most recently, Kim Kardashian and husband Kanye West welcomed their third child via surrogacy after doctors told Kim it would not be safe for her or her child's health to carry a pregnancy due to her struggles with preeclampsia and placenta accrete. Whatever the reason, surrogacy is making its mark and redefining how we perceive a family.

Every year RESOLVE, the National Infertility Association, puts together an advocacy event at the Minnesota State Capitol enlisting the help of surrogates, intended parents, professionals in the infertility field, and anyone who has ever been affected by infertility, whether personally or by association, to come together and educate each of their respective legislators and senators on surrogacy and the need for proper regulation to ensure that all parties involved are adequately protected.

Currently, there are no laws in Minnesota that govern surrogacy arrangements, thus making Minnesota unclear as to the rights and responsibilities of surrogates, intended parents, and the children born as the result of these arrangements. This puts Minnesota behind the nationwide trend as 24 states in the past 30 years have created new laws to support surrogacy. The Gestational Carrier Act (HF2593/SF707) was introduced this year to try and address this need for state regulations surrounding surrogacy arrangements.