Becoming a surrogate mother for a couple unable to conceive or carry a child is one of the most beautiful and unselfish gifts that a woman can give. It’s not an easy decision to make, knowing the strain on your body throughout the pregnancy and birth.
However, before beginning the surrogate process, it’s crucial that you understand the legal implications of surrogacy as well as the physical.
Eligibility for surrogacy
To become a surrogate in Minnesota, you typically need to meet specific criteria, including:
- Being at least 21 years old but less than 44
- A BMI between 18 and 33
- A non-smoker
- Have given birth to at least one healthy child without any major complications during pregnancy and birth
- No more than three C-sections
Surrogacy is legal in Minnesota, but no regulatory statutes outline the rights and responsibilities of the gestational parent and intended parent(s). That may soon change, as the Minnesota legislature passed H.F. 3567, which will regulate assistive reproduction. The bill is currently being reviewed by the House.
Even so, a comprehensive surrogacy agreement is crucial to ensure everyone’s rights and responsibilities are clearly defined and should cover aspects such as:
- Medical and financial responsibilities
- Parental rights and intentions
- Procedures in case of unforeseen circumstances, such as miscarriage or medical complications
- Compensation and reimbursement for the surrogate
- A process in the event either party wishes to terminate the contract
The surrogate should have the right to make decisions about her health and pregnancy. It’s also imperative for her to receive emotional and psychological support throughout the process. The intended parents have the right to be recognized as the child’s legal parents and to be involved in the pregnancy, including attending medical appointments. Both the gestational and intended parents have the right to privacy and confidentiality regarding their surrogacy arrangement.
If you wish to become a surrogate mother, it’s important to understand the legality of the situation. It’s vital that someone reviews the surrogacy agreement to protect both parties’ rights.