What is included in a Minnesota surrogacy agreement?

On Behalf of | Aug 25, 2022 | Surrogacy

Growing your family through surrogacy can be a long and complicated process. Minnesota, along with many other states, has no surrogacy laws. But when the process proceeds correctly, courts are generally favorable toward intended parents and surrogates.

Despite the complexities involved, Minnesota has a well-defined path allowing families to achieve their dreams, while surrogates help make those dreams come true. But working with an experienced surrogacy attorney from the beginning is crucial.

How the legal process works

The surrogacy journey is a seven-step process that first includes research to determine whether it’s right for you. Next comes choosing an agency, initial screening and being matched with a surrogate. Once you find the right candidate, it’s time to negotiate a formal agreement to address the legal issues involved. Each party must have their own lawyer in Minnesota. This document addresses vital issues, such as the following, among others:

  • Identifying whether it is a traditional (using the surrogate’s own egg) or gestational (using an intended mother’s or an egg donor’s egg) surrogacy
  • Setting the compensation to be paid to the surrogate, if any
  • Identifying and setting the terms of other financial benefits and obligations, such as maternity insurance
  • Discussing various risks and liabilities for both parties and agreed-upon steps to resolve any disputes over sensitive issues
  • Clearly identifying each party’s rights and responsibilities
  • Setting forth the plan for the parties’ rights and responsibilities the hospital delivery
  • Outlining expectations for contact between both parties before, during, and after delivery

In Minnesota, same-sex and LGBTQ+ intended parents have the same legal rights as opposite-sex partners. Once the surrogacy agreement is signed, you and your surrogate can proceed to the medical part of the journey.

Cover all your legal needs before proceeding

Due to the lack of surrogacy-specific laws in Minnesota, experienced legal guidance is crucial from the beginning from an attorney with extensive knowledge of assisted reproductive law. Even if you choose a close friend or family member as your surrogate, there are many issues to consider before moving forward.

Taking care of the legal side helps you focus on your personal and emotional needs as well as those of your surrogate. While state laws don’t specifically address surrogacy in Minnesota, you can find peace of mind knowing that you are legally protected and on the right path to becoming new parents or growing your existing family.