Surrogacy is a beautiful way to build a family — and if you’re exploring the legal aspects of this path in Minnesota, you’ve come to the right place.
While surrogacy laws vary state by state, American Surrogacy provides the clarity and confidence you need to move forward. Our national network and expert support help you navigate even the most complex legal scenarios with ease.
In this guide, we’ll walk you through Minnesota’s surrogacy laws, what contracts should include, how to establish parentage, and more — all with expert guidance and emotional reassurance every step of the way.
Minnesota Surrogacy Laws
There is no Minnesota statute explicitly legalizing or prohibiting surrogacy. This means that gestational surrogacy is generally considered permissible and is practiced with the guidance of legal professionals. Minnesota courts have historically supported intended parents in establishing legal parentage through pre- or post-birth orders, provided all legal protocols are followed.
Yes. Minnesota permits compensated gestational surrogacy, and many surrogacy professionals — including American Surrogacy — work within the state to facilitate ethical and legally compliant paid surrogacy agreements.
Because we operate nationally, American Surrogacy can connect you with surrogates and intended parents in any state where surrogacy is permitted, giving you more options and peace of mind.
Are Surrogacy Contracts Enforceable in Minnesota?
Yes — when properly drafted. Courts in Minnesota have consistently enforced well-drafted surrogacy agreements, particularly in gestational surrogacy cases involving legal counsel for all parties. However, Minnesota has no statutory framework governing surrogacy contracts, so legal clarity must come through careful drafting and experienced legal support.
At American Surrogacy, we partner with trusted attorneys to ensure every contract protects all parties and meets local legal expectations.
Surrogacy Contract Checklist
Your Minnesota surrogacy contract should include:
Financial Terms
Compensation for the surrogate, reimbursements and handling of unexpected costs.
Medical Procedures
Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery?
Health and Lifestyle
Wellness expectations, travel restrictions and communication preferences.
Legal Parentage
How and when the intended parents will be recognized as the child’s legal guardians.
Dispute Resolution
Clear methods for resolving disagreements—without jeopardizing the journey.
Termination Clauses
What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract in Minnesota?
Surrogacy contracts are created after a successful match but before any medical procedures begin. This ensures both parties are protected before embryo transfer takes place.
How Will American Surrogacy Support Me During the Contract Stage?
Before we even match you with a surrogate or family, we conduct a thorough legal review of your state’s surrogacy laws. Once you're matched, our specialists work alongside your attorney to help you understand every clause of the agreement and make confident, informed decisions.
How We Help You
Explaining complex legal language in plain terms
Assisting with contract negotiations and feedback loops
Coordinating timelines between medical and legal milestones
Ensuring all documentation is signed and submitted on time
Connecting you with a surrogacy attorney near you
LGBTQ+ Surrogacy Laws in Minnesota
Minnesota is an LGBTQ+-friendly state. Same-sex couples and single intended parents can pursue surrogacy here. Courts generally recognize both parents on the child’s birth certificate, but in some cases, a second-parent adoption may still be recommended.
Abortion Laws and Surrogacy Contract Termination Clauses
Minnesota protects abortion rights, with state law supporting reproductive freedom. Surrogacy contracts in Minnesota should include clear language around pregnancy termination in alignment with these laws and the intentions of both parties.
If state laws elsewhere are a concern, working with a national agency like American Surrogacy allows you to pursue surrogacy in a state that aligns with your values.
Establishing Parentage in Minnesota
Most Minnesota courts grant pre-birth parentage orders for gestational surrogacy arrangements, particularly when both intended parents are genetically related to the child. Some counties may still require post-birth parentage proceedings, especially in complex cases or for LGBTQ+ couples.
How to Get a Pre-Birth Order
Is a hearing required? It depends on the county and judge. Some allow paperwork-only orders.
Timeframe to obtain birth certificate: Usually within 2–4 weeks after birth, depending on court processing and state registration.
International Surrogacy in Minnesota
Minnesota has no laws restricting or explicitly regulating international surrogacy arrangements. Intended parents from outside the U.S. can generally obtain parentage orders if legal criteria are met.
A surrogacy attorney ensures your contract is enforceable, protects your rights, and guides you through establishing parentage. We help you connect with experienced legal professionals in your area.
How Much Does a Surrogacy Lawyer Cost?
Legal fees vary, but intended parents typically pay for their surrogate’s legal representation, too. At American Surrogacy, legal costs are included in your program fee, so you won’t need to budget separately for this part of the journey.
Find a Surrogacy Attorney Near You in Minnesota
Here are some surrogacy attorneys experienced with Minnesota law:
Jody Ollyver DeSmidt is an attorney at DeSmidt Rabuse PLLC, based in Minneapolis, Minnesota. With a legal career beginning in 1987, she specializes in family law, focusing on areas such as adoption, assisted reproductive technology (ART), custody, and juvenile law.
Krislyn M. Holaday is the founder of Holaday Law Office LLC, located in Brookfield, Wisconsin, and serves clients in both Wisconsin and Minnesota. Her practice areas include estate planning, probate administration, guardianship, and surrogacy. Krislyn has been a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) since 2019.
Gary A. Debele is an attorney at Messerli Kramer, where he chairs the Family Law Practice Group. Licensed in both Minnesota and Wisconsin, his practice focuses on family law, juvenile law, assisted reproduction, and adoption. Gary is a Fellow of both the American Academy of Adoption Attorneys (AAAA) since 1996 and the American Academy of Matrimonial Lawyers (AAML).
Are insurance companies required to cover IVF in Minnesota?
No. Minnesota does not mandate IVF coverage. States that do include Illinois, New Jersey, and Massachusetts.
Is an embryo considered a person in Minnesota?
No. Minnesota law does not define embryos as persons, but they are considered property in some legal disputes. No personhood statute currently exists.
Is traditional surrogacy legal in Minnesota?
Yes, but traditional surrogacy is generally not recommended. Traditional surrogacy (where the surrogate is genetically related to the child) is legally riskier and may involve more complicated parentage determinations.
Do sperm and egg donors have parental rights?
Generally, no. When legal donor contracts are in place, donors waive parental rights.
Is there an IVF Tax Credit?
No statewide credit exists. However, federal tax deductions for medical expenses may apply.
If you're ready to start your journey — or simply want more clarity — our team at American Surrogacy is here to help. From the first question to final legal clearance, we walk beside you at every stage.
Remember, surrogacy laws in Minnesota are always subject to change, so American Surrogacy cannot guarantee the information presented here is accurate and up-to-date. Please contact a local surrogacy attorney in Minnesota for legal guidance. This article is not intended to be and should not be taken as legal advice.
