Minnesota doesn't have a surrogacy law yet — and, in a twist, the state's newest parentage law actually says it doesn't apply to surrogacy at all.
Is surrogacy legal in Minnesota?
Surrogacy isn't illegal in Minnesota, but there's genuinely no dedicated law covering it. Minnesota updated its parentage laws in 2024, but that update specifically excludes surrogacy from what it covers — so courts still have to handle surrogacy cases using general parentage law instead. A bill to create real surrogacy rules has been introduced but hadn't passed as of this writing.
Can a surrogate be paid?
In practice, yes — nothing bans paying a surrogate in Minnesota. But because there's no statute confirming how a paid should work or be enforced, it's treated like any other private contract rather than something the law specifically protects.
How do intended parents become the legal parents?
Some Minnesota courts will grant a recognizing the ; others require the process to wait . Which one you get can depend on your county and court, especially if neither intended parent is genetically related to the baby.
A few practical things to know
- No surrogacy statute: Minnesota's newest parentage law specifically doesn't cover surrogacy, so general parentage law fills the gap instead.
- Outcomes vary by court: pre-birth orders aren't guaranteed everywhere in the state.
- A bill is pending: Minnesota lawmakers have proposed dedicated surrogacy rules, so this page may need updating if that becomes law.
- Cost: this varies based on the agency, clinic, and surrogate's . See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Minnesota insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Minnesota doesn't have a dedicated surrogacy law, so a lot depends on your specific situation and the court you're in.
Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in Minnesota. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.