Minnesota Surrogacy Awareness

Background on bill SF 1152/HF 1000

The Surrogacy Abuse Prevention Act: HF 1000 (Zerwas) / SF 1152 (Benson)

What the bill DOES

  • Prevents the exploitation of women and the commodification of children
  • Creates a regulatory framework for surrogacy arrangements in Minnesota based on the Legislative Surrogacy Commission’s Recommendations
  • Provides safeguards and legal protections for both the gestational surrogate and the intended parents
  • Requires a background check and mental health evaluation for both gestational surrogates and intended parents
  • Imposes standard requirements for valid surrogacy contracts in Minnesota
  • Ensures that rights of parentage are transferred upon compliance with the surrogacy contract
  • Forbids for-profit commercial surrogacy arrangements
  • Outlaws predatory, for-profit surrogacy agencies and brokers, and requires all surrogacy agencies to be licensed by the Department of Health
  • Clarifies that the “best interests of the child” standard will be applied in custody disputes related to surrogacy arrangements
  • Protects the rights of children by allowing disclosure of the identification of the gestational surrogate
  • Prevents international surrogacy arrangements, ensuring that children born through surrogacy will receive the protections and rights of the laws and Constitution of the United States
  • Requires the Department of Health to collect aggregate data on surrogacy arrangements

What the bill does NOT do…

  • Ban surrogacy
  • Prevent gestational surrogates from receiving compensation for reasonable expenses related to their pregnancy

View the current Senate version (SF 1152)  and House version (HF 1000) of the bill.

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