How to Become a Surrogate in Minnesota

There are a few important things to know about the process for Minnesotans considering becoming a surrogate. Here we've laid out a guide to the steps involved in becoming a gestational surrogate in Minnesota along with tips on how to navigate the process smoothly.

 

What is Gestational Surrogacy?

 

Gestational surrogacy is a type of surrogacy in which a woman carries a fertilized embryo that is not biologically related to her. This embryo is created using in vitro fertilization (IVF) and can be created using the intended parents' sperm and egg, or using donor sperm and/or eggs. The surrogate has no genetic connection to the child she is carrying and is therefore referred to as a gestational carrier. 

 

In the past surrogates have been referred to by the more traditional term, surrogate mother — and you sometimes still hear this term in use, though you will rarely hear it used by professionals or in a clinical setting.

​

Is Minnestota a Surrogate Friendly State?

​

Yes, Minnesota is generally considered a surrogate-friendly state for gestational surrogacy, though it doesn’t have specific surrogacy statutes. Instead, surrogacy in Minnesota is guided by court decisions and legal precedents, making it a viable option for surrogacy arrangements as long as the appropriate legal processes are followed.

Here’s an overview of Minnesota’s surrogacy landscape:

​

• Gestational Surrogacy: Gestational surrogacy (where the surrogate has no genetic link to the child) is widely accepted and practiced in Minnesota. Many intended parents and surrogates in Minnesota proceed with gestational surrogacy with the help of legal agreements that clarify the roles and rights of each party.

​

• Traditional Surrogacy: Traditional surrogacy (where the surrogate uses her own egg) is less common and may be legally complex, as it involves the surrogate’s biological connection to the child. Because of this, traditional surrogacy arrangements are typically approached with extra caution and careful legal guidance.

​

• Pre-Birth Orders: Minnesota courts can issue pre-birth orders for intended parents in gestational surrogacy cases, allowing them to be recognized as the legal parents before the child is born. The eligibility for pre-birth orders often depends on factors like the marital status of the intended parents, their biological relationship to the child, and the specific county where the case is filed. In many cases, intended parents can have their names listed on the birth certificate from the moment of birth.

​

• Legal Guidance Required: Because Minnesota lacks specific surrogacy statutes, it’s essential for both intended parents and surrogates to work with experienced surrogacy attorneys. Legal agreements ensure that each party’s rights and responsibilities are clearly defined, and they help protect all involved in the surrogacy journey.

​

• Compensation for Surrogates: Compensated surrogacy is permitted in Minnesota, allowing surrogates to receive payment for their time, effort, and the physical and emotional demands of the surrogacy journey. The terms of compensation are typically outlined in the gestational carrier agreement.

​

Overall, while Minnesota does not have explicit surrogacy legislation, its court system is generally supportive of surrogacy arrangements, particularly gestational surrogacy. With the guidance of knowledgeable attorneys and the proper legal safeguards, Minnesota is a relatively friendly state for those pursuing surrogacy.

​

​

 

Steps to Becoming a Surrogate in Minnesota

 

• Meet the eligibility criteria: To become a gestational surrogate in Minnesota, you must be a resident of the state and must meet certain medical and lifestyle criteria. You should be between the ages of 21 and 45, have had at least one successful pregnancy, and be in good physical and mental health. Additionally, a supportive partner is hugely helpful and a stable living situation is essential.

​

• Find a surrogacy agency: Working with a surrogacy agency can simplify the process and ensure that all legal and medical requirements are met. The agency will help you find intended parents, coordinate medical appointments, and provide emotional support throughout the journey.

 

• Complete medical screenings: Before being matched with intended parents, you will need to undergo a thorough medical evaluation to ensure that you are a suitable candidate for surrogacy. This will include a physical exam, medical history review, and various lab tests.

 

• Find intended parents: Once you have been cleared for surrogacy, your surrogacy agency will assist you in finding intended parents who are looking for a gestational surrogate. You will have the opportunity to meet with them, discuss their expectations, and decide if you would like to work with them.

 

• Sign a surrogacy agreement: Once you and the intended parents have agreed to work together, you will need to sign a surrogacy agreement that outlines the terms and conditions of the arrangement. This agreement should be reviewed by legal counsel and must be approved by a judge.

 

• Begin medical treatment: Once the surrogacy agreement has been signed, you will begin medical treatment to prepare your body for pregnancy. This will typically involve taking hormones to prepare your uterus for implantation of the embryo.

 

• Carry the pregnancy: Once the embryo has been successfully implanted, you will carry the pregnancy to term and deliver the baby for the intended parents.

 

• Finalize the legal process: After the birth, the intended parents will legally adopt the child and will become the child's legal parents. In Minnesota, as in neighboring Wisconsin, Missouri, Iowa and several other Midwestern states like Ohio and Indiana, the birth certificate will list the intended parents as the legal parents. 

​