Gestational Surrogacy in Minnesota

Pre-birth Parentage Orders

Do courts grant pre-birth parentage orders? Many Minnesota courts will grant pre-birth Declaratory Judgments establishing the parentage of the intended parents, although not all will do so. Those courts that will not grant pre-birth orders establishing parentage will allow pleadings to be filed pre-birth under the Parentage Act, but parentage is not established in those courts until the birth of the child. Minnesota does not have a statute that governs surrogacy or that outlines parentage procedures following surrogacy or other assisted reproduction. Do courts grant pre-birth parentage orders? Many Minnesota courts will grant pre-birth Declaratory Judgments establishing the parentage of the intended parents, although not all will do so. Those courts that will not grant pre-birth orders establishing parentage will allow pleadings to be filed pre-birth under the Parentage Act, but parentage is not established in those courts until the birth of the child. Minnesota does not have a statute that governs surrogacy or that outlines parentage procedures following surrogacy or other assisted reproduction.

Can both Intended Parents be declared the legal parents in either a pre-birth or post-birth order if at least one parent is genetically related to the child?

• Married heterosexual couple using own egg and own sperm: Yes
• Married heterosexual couple using egg donor or sperm donor: Varies by county and by court. Some courts will allow pre-birth orders establishing the parentage of both intended parents of a child regardless of the child’s genetic ties to either intended parent. Other courts will only allow the genetic parent to be declared to be the parent and will require the non-genetic intended parent to establish his/her parentage through a stepparent adoption.
• Unmarried heterosexual couple using own egg and own sperm: Same as above.
• Unmarried heterosexual couple using egg donor or sperm donor: Same as above.
• Same-sex couple using egg donor or sperm donor: Same as above.
• Single parent using own egg or sperm: Same as above.

Can both Intended Parents be declared the legal parents in a parentage order if no parent is genetically related to the child?

• Married heterosexual couple: Varies by county and by court.
• Unmarried heterosexual couple: Same as above
• Same-sex couple: Same as above.
• Single parent: Same as above.

What are the bases for venue? The county of residence of any party.

Do results vary by venue?

• Yes

If yes, are motions to waive venue accepted?

• Varies by county.

Is a hearing required to obtain a parentage order?

• Varies by judge, as does who must attend.

Is a pre-birth order possible in Minnesota based on a Gestational Carrier’s plan to deliver in Minnesota, if no party lives in Minnesota?

• No

Will Minnesota Vital Records honor a pre-birth order from another state?

• Yes

What is the typical time frame to obtain a birth certificate after delivery?

• Varies