H.F No. 2819, as introduced: 82nd Legislative Session (2001-2002) Posted on Feb 4, 2002

  1.1                          A bill for an act
  1.2             relating to assisted reproduction; authorizing 
  1.3             collaborative reproduction agreements and embryo 
  1.4             agreements; proposing coding for new law as Minnesota 
  1.5             Statutes, chapter 257C. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [257C.01] [TITLE.] 
  1.8      This chapter may be cited as the "Assisted Reproduction 
  1.9   Act." 
  1.10     Sec. 2.  [257C.02] [DEFINITIONS.] 
  1.11     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.12  section apply to this chapter. 
  1.13     Subd. 2.  [ASSISTED REPRODUCTION.] "Assisted reproduction" 
  1.14  means an attempt to achieve a pregnancy through fertilization of 
  1.15  a woman's egg with a man's sperm by a means other than sexual 
  1.16  intercourse. 
  1.17     Subd. 3.  [ASSISTED REPRODUCTIVE TECHNOLOGY.] "Assisted 
  1.18  reproductive technology" means any treatment provided for the 
  1.19  purpose of achieving assisted reproduction. 
  1.20     Subd. 4.  [COLLABORATIVE REPRODUCTION.] "Collaborative 
  1.21  reproduction" means an attempt, by an intended parent who 
  1.22  provides genetic or biological components, to create a child 
  1.23  through assisted reproduction that involves one or more 
  1.24  participants who provide genetic or biological components, but 
  1.25  who do not intend to rear or have any legal relationship with 
  2.1   the resulting child.  Collaborative reproduction does not 
  2.2   include artificial insemination under section 257.56 or 
  2.3   artificial insemination of an intended parent. 
  2.4      Subd. 5.  [COLLABORATIVE REPRODUCTION 
  2.5   AGREEMENT.] "Collaborative reproduction agreement" means a 
  2.6   written agreement between an intended parent or parents and a 
  2.7   gestational carrier or surrogate carrier, that the gestational 
  2.8   carrier or surrogate carrier will gestate and bear a child that 
  2.9   is conceived through assisted reproduction for the intended 
  2.10  parent or parents. 
  2.11     Subd. 6.  [DONOR.] "Donor" means an individual who is not 
  2.12  an intended parent and who provides the egg or sperm used for 
  2.13  assisted reproduction. 
  2.14     Subd. 7.  [EMBRYO AGREEMENT.] "Embryo agreement" means a 
  2.15  written agreement governing the creation, use, and disposition 
  2.16  of embryos created by the participants. 
  2.17     Subd. 8.  [EMBRYO TRANSFER.] "Embryo transfer" means to 
  2.18  transfer an embryo into or place an embryo in the body of a 
  2.19  woman intended to gestate the embryo with the intent to achieve 
  2.20  live birth of a child. 
  2.21     Subd. 9.  [GAMETE.] "Gamete" means male reproductive cells 
  2.22  or female reproductive cells, including sperm or oocytes. 
  2.23     Subd. 10.  [GESTATIONAL CARRIER.] "Gestational carrier" 
  2.24  means an adult woman, who is not an intended parent, who enters 
  2.25  into an agreement to gestate and bear a child conceived through 
  2.26  assisted reproduction for an intended parent or parents, and who 
  2.27  is not related to the resulting child through the provision of 
  2.28  her gametes. 
  2.29     Subd. 11.  [INTENDED PARENT.] "Intended parent" means an 
  2.30  individual and the individual's spouse, if any, who enter into a 
  2.31  written agreement with a donor, gestational carrier, surrogate 
  2.32  carrier, provider, or another intended parent providing that the 
  2.33  intended parent is legally bound as the parent of any child or 
  2.34  children born through assisted reproduction. 
  2.35     Subd. 12.  [PARTICIPANT.] "Participant" means any person 
  2.36  whose identity is known to the provider who is contemplating or 
  3.1   participating in collaborative reproduction or embryo creation, 
  3.2   including a gamete donor, embryo donor, gestational or surrogate 
  3.3   carrier and spouse, if any, and an intended parent or parents. 
  3.4      Subd. 13.  [PROVIDER.] "Provider" means any person who 
  3.5   furnishes assisted reproduction health services, is 
  3.6   appropriately credentialed to render assisted reproduction 
  3.7   health services in the state, and has a provider-patient 
  3.8   relationship with one or more intended parent, donor, 
  3.9   gestational carrier, or surrogate carrier. 
  3.10     Subd. 14.  [SURROGATE CARRIER.] "Surrogate carrier" means 
  3.11  an adult woman who is not an intended parent, who enters into an 
  3.12  agreement to gestate and bear a child conceived through assisted 
  3.13  reproduction for an intended parent or parents, and who is 
  3.14  related to the resulting child through the provision of her 
  3.15  gametes. 
  3.16     Sec. 3.  [257C.03] [MENTAL HEALTH EVALUATION AND 
  3.17  COUNSELING.] 
  3.18     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  3.19  subdivision apply to this section. 
  3.20     (b) "Counseling" means evaluation for the purpose of 
  3.21  assessing a person's suitability to participate in collaborative 
  3.22  reproduction. 
  3.23     (c) "Counselor" means a mental health professional who 
  3.24  meets the requirements of subdivision 2. 
  3.25     (d) "Evaluation" means a meeting in person with a counselor 
  3.26  to conduct a psychological assessment of the individual's 
  3.27  suitability to participate in assisted reproduction and the 
  3.28  individual's understanding and acceptance of the psychological 
  3.29  issues relating to participation. 
  3.30     Subd. 2.  [QUALIFICATION FOR PRACTICE IN ASSISTED 
  3.31  REPRODUCTION COUNSELING.] A person is qualified to practice in 
  3.32  assisted reproduction counseling if the person has: 
  3.33     (1) a master's or doctorate degree in the field of 
  3.34  psychiatry, psychology, mental health counseling, social work, 
  3.35  psychiatric nursing, or marriage and family therapy; 
  3.36     (2) a currently valid credential to practice in the mental 
  4.1   health field in which the person holds a degree as required by 
  4.2   the state in which the individual practices; and 
  4.3      (3) knowledge of the psychosocial issues related to 
  4.4   infertility and collaborative reproduction. 
  4.5      Subd. 3.  [COUNSELING AND EVALUATION REQUIREMENT.] (a) A 
  4.6   provider must not initiate an assisted reproductive technology 
  4.7   procedure that involves the transfer of donor gametes to an 
  4.8   intended parent or parents or the transfer of gametes or an 
  4.9   embryo provided by an intended parent to a gestational or 
  4.10  surrogate carrier until: 
  4.11     (1) the gestational or surrogate carrier has an evaluation 
  4.12  by a counselor and is offered additional counseling, if 
  4.13  required, at the expense of the intended parent or parents, for 
  4.14  a period up to 180 days after the birth of the child; 
  4.15     (2) the intended parent or parents each have an evaluation 
  4.16  by a counselor; and 
  4.17     (3) any counselor who meets with the gestational or 
  4.18  surrogate carrier or intended parent or parents prepares a 
  4.19  written statement (i) stating that the counselor has met with 
  4.20  the gestational or surrogate carrier or the intended parent or 
  4.21  parents; (ii) stating whether the gestational or surrogate 
  4.22  carrier or intended parent or parents are suitable for 
  4.23  participation in collaborative reproduction; (iii) stating that 
  4.24  the gestational or surrogate carrier has been offered the 
  4.25  opportunity to receive additional counseling; and (iv) making 
  4.26  any other recommendations the counselor may have. 
  4.27     (b) A provider has no duty to investigate the existence of 
  4.28  participants not made known to the provider by the provider's 
  4.29  patient or the participants. 
  4.30     (c) A participant who is evaluated or receives counseling 
  4.31  under this subdivision may meet with a counselor of the 
  4.32  participant's own choosing. 
  4.33     Subd. 4.  [EVIDENCE OF MEETING COUNSELING 
  4.34  REQUIREMENTS.] The counseling requirements under subdivision 3 
  4.35  are met if: 
  4.36     (1) each counselor who has met with the gestational or 
  5.1   surrogate carrier or intended parent or parents prepares a 
  5.2   written recommendation regarding a gestational or surrogate 
  5.3   carrier's or the intended parent's or parents' suitability for 
  5.4   participation in collaborative reproduction as required under 
  5.5   subdivision 3, paragraph (a), clause (3); and 
  5.6      (2) the gestational or surrogate carrier signs, in the 
  5.7   presence of a notary public, a statement containing the 
  5.8   following language: 
  5.9      "I understand that counseling is recommended for a 
  5.10  gestational or surrogate carrier involved in assisted 
  5.11  reproduction and that counseling is a separate process from any 
  5.12  psychological evaluation that [NAME OF PROVIDER] has required me 
  5.13  to complete.  [NAME OF PROVIDER] has given me the option to meet 
  5.14  with and receive counseling from a mental health professional 
  5.15  with specialized knowledge of the social and psychological 
  5.16  effect of collaborative reproduction on participants at the 
  5.17  intended parent's or parents' sole expense.  My signature on 
  5.18  this document indicates that I have met with a counselor and 
  5.19  been offered the opportunity to consult further with a counselor 
  5.20  for a period up to 180 days after the birth of the child, even 
  5.21  if I elect not to receive further counseling." 
  5.22     Subd. 5.  [WRITTEN SUMMARY OF EVALUATION AVAILABLE TO 
  5.23  PARTICIPANTS IN COUNSELING.] A counselor's written summary of 
  5.24  the counselor's recommendations regarding the participants the 
  5.25  counselor evaluates may be made available to the other 
  5.26  participants.  Before the participants enter a collaborative 
  5.27  reproduction agreement, a provider must disclose to any 
  5.28  prospective gamete or embryo donor, gestational or surrogate 
  5.29  carrier, and intended parent or parents, that the participants 
  5.30  that any counselor has evaluated may request and receive a copy 
  5.31  of a written summary of the counselor's recommendations. 
  5.32     Subd. 6.  [CONFIDENTIALITY.] The written summary under 
  5.33  subdivision 5 must only state the conclusion as to whether the 
  5.34  individual is suitable for participation and must not reveal the 
  5.35  detailed reasons for the counselor's recommendations.  Access to 
  5.36  all other counseling records is governed by section 144.335. 
  6.1      Sec. 4.  [257C.04] [GAMETE DONATION.] 
  6.2      Subdivision 1.  [COMPENSATION AUTHORIZED.] A donor may 
  6.3   receive reasonable compensation for the time, effort, pain and 
  6.4   suffering, health risks, and inconvenience the donor experiences 
  6.5   in undergoing evaluation for and in creating and obtaining 
  6.6   gametes. 
  6.7      Subd. 2.  [COMPENSATION AMOUNT.] Compensation, as permitted 
  6.8   under this section, may vary depending upon the length of time, 
  6.9   health risk, and degree of inconvenience associated with the 
  6.10  donor's effort.  Notwithstanding this, compensation must not: 
  6.11     (1) with respect to oocyte donation, be dependent upon the 
  6.12  quality or number of oocytes retrieved or embryos created; 
  6.13     (2) with respect to sperm donation, be dependent upon the 
  6.14  quality of sperm provided; or 
  6.15     (3) be conditioned upon the donor's genotypic or phenotypic 
  6.16  characteristics. 
  6.17     Subd. 3.  [PAYMENT OF EXPENSES.] The intended parent must 
  6.18  pay for the full costs of evaluating, testing, and storing a 
  6.19  known donor's gametes, including medical costs, unless the 
  6.20  parties agree in writing otherwise. 
  6.21     Sec. 5.  [257C.05] [EMBRYO AGREEMENT.] 
  6.22     Subdivision 1.  [EMBRYO AGREEMENT REQUIRED.] Before 
  6.23  commencing embryo creation using assisted reproduction, all 
  6.24  participants must enter into a binding embryo agreement.  The 
  6.25  agreement must address all of the following issues, if relevant: 
  6.26     (1) within what time period and for what purpose the 
  6.27  participants intend to use the embryos; 
  6.28     (2) the intended parents must agree whether either intended 
  6.29  parent, and if so which intended parent, may use the embryos in 
  6.30  the event of a divorce or other termination of the relationship, 
  6.31  or upon the illness or death of one of the intended parents; 
  6.32     (3) the intended parents must agree that neither intended 
  6.33  parent may transfer the embryos with the intent to create a 
  6.34  child without the express contemporaneous written consent of the 
  6.35  other intended parent, if living.  No agreement to the contrary 
  6.36  is legally enforceable; 
  7.1      (4) if one of two intended parents transfers the embryos to 
  7.2   create a child without the express contemporaneous written 
  7.3   consent of the other living intended parent, the nonconsenting 
  7.4   intended parent is not considered a legal parent of any 
  7.5   resulting child and has no parental rights or obligations to any 
  7.6   resulting child; 
  7.7      (5) following the death of one intended parent who had 
  7.8   consented to the posthumous use of cryopreserved embryos, 
  7.9   whether the surviving intended parent may donate or transfer the 
  7.10  embryos for the surviving intended parent's own parenting 
  7.11  purposes; 
  7.12     (6) after what time period and under what conditions any 
  7.13  resulting embryos are deemed abandoned; and 
  7.14     (7) if the embryos are subsequently deemed abandoned, the 
  7.15  disposition or use of the embryos. 
  7.16     Subd. 2.  [TERMINATION OF EMBRYO AGREEMENT.] After the 
  7.17  participants execute an embryo agreement, but before embryo 
  7.18  transfer, any intended parent may terminate the embryo agreement 
  7.19  by giving notice of termination to all other participants.  If 
  7.20  the agreement is terminated, the embryos are deemed abandoned, 
  7.21  and disposition of the embryos is determined under the 
  7.22  provisions of the embryo agreement governing abandoned embryos.  
  7.23  All embryo agreements must include each participant's current 
  7.24  residential address and permanent identifier, such as a 
  7.25  participant's social security number. 
  7.26     Sec. 6.  [257C.06] [COLLABORATIVE REPRODUCTION AGREEMENT.] 
  7.27     Subdivision 1.  [PARTIES; TERMS.] (a) A prospective 
  7.28  gestational or surrogate carrier, and spouse, if any, any known 
  7.29  donor, and each intended parent must enter into a written 
  7.30  agreement providing that: 
  7.31     (1) at least one intended parent agrees to provide the 
  7.32  intended parent's own genetic or biological components to create 
  7.33  a child through assisted reproduction; 
  7.34     (2) the prospective gestational or surrogate carrier agrees 
  7.35  to attempt to achieve pregnancy by means of assisted 
  7.36  reproduction; 
  8.1      (3) the prospective gestational or surrogate carrier can 
  8.2   attempt to achieve pregnancy for no more than 18 months from the 
  8.3   date of court approval of the agreement; 
  8.4      (4) the prospective gestational or surrogate carrier and 
  8.5   spouse, if any, and any known donor relinquish all rights and 
  8.6   duties as the parents of any children conceived through assisted 
  8.7   reproduction and are not the parents of any such children for 
  8.8   any purpose; and 
  8.9      (5) the intended parent or parents become the parent or 
  8.10  parents of any child or children conceived through assisted 
  8.11  reproduction, regardless of the number, health, or physical 
  8.12  condition of the resulting child or children. 
  8.13     (b) If the intended parent is married, the spouse of the 
  8.14  intended parent must be a party to the collaborative 
  8.15  reproduction agreement. 
  8.16     (c) The intended parent or parents must bear the cost of a 
  8.17  gestational or surrogate carrier's mental health evaluation and 
  8.18  counseling under section 257C.03.  Upon the request of the 
  8.19  gestational or surrogate carrier, the intended parent or parents 
  8.20  must make separate legal counsel of the carrier's own choosing 
  8.21  available to the gestational or surrogate carrier at the expense 
  8.22  of the intended parent or parents.  
  8.23     (d) The intended parent or parents may reasonably 
  8.24  compensate a gestational or surrogate carrier for her time, 
  8.25  effort, pain and suffering, inconvenience, and the health risks 
  8.26  attendant to medical evaluation, gestation, and delivery. 
  8.27     (e) A collaborative reproduction agreement may not limit 
  8.28  the gestational or surrogate carrier's right to make decisions 
  8.29  to safeguard her mental or physical health or the health of the 
  8.30  embryo or fetus. 
  8.31     (f) Any known donor of gametes under a collaborative 
  8.32  reproduction agreement must provide the intended parent or 
  8.33  parents the detailed social and medical history that is required 
  8.34  of a birth parent under section 259.43. 
  8.35     Subd. 2.  [JUDICIAL APPROVAL REQUIRED.] (a) Before embryo 
  8.36  or gamete transfer, a gestational or surrogate carrier or 
  9.1   intended parent must petition the district court for review and 
  9.2   approval of the collaborative reproduction agreement. 
  9.3      (b) A proceeding to approve a collaborative reproduction 
  9.4   agreement may not be maintained unless: 
  9.5      (1) the gestational or surrogate carrier or the intended 
  9.6   parent or parents are residents of this state for at least 90 
  9.7   days; 
  9.8      (2) the prospective gestational or surrogate carrier's 
  9.9   husband, if any, is joined in the proceeding; 
  9.10     (3) all parties to the collaborative reproduction agreement 
  9.11  are at least 21 years old; 
  9.12     (4) all parties voluntarily entered into the collaborative 
  9.13  reproduction agreement and understand its terms; 
  9.14     (5) adequate provision is made for all reasonable health 
  9.15  care expenses associated with the collaborative reproduction 
  9.16  agreement until the birth of the child, including responsibility 
  9.17  for those expenses if the agreement is terminated; 
  9.18     (6) the parties understand that they have a right to 
  9.19  separate legal counsel and, if a party proceeds without legal 
  9.20  counsel, that party knowingly and voluntarily waives the right 
  9.21  to counsel; 
  9.22     (7) the gestational or surrogate carrier and the intended 
  9.23  parent or parents have completed the mental health evaluation 
  9.24  and counseling requirements under section 257C.03 and have been 
  9.25  identified as suitable participants in collaborative 
  9.26  reproduction; 
  9.27     (8) the female intended parent's or parents', if any, 
  9.28  reproductive history or other reasonable evidence indicates that 
  9.29  the female intended parent or parents are physically unable to 
  9.30  safely bear a healthy child; 
  9.31     (9) the gestational or surrogate carrier has had at least 
  9.32  one previous successful pregnancy and delivery and bearing 
  9.33  another child will not present an unreasonable health risk to 
  9.34  the intended child or the carrier's physical or mental health.  
  9.35  The court may waive this requirement if the gestational or 
  9.36  surrogate carrier is a sister of an intended parent; 
 10.1      (10) the original copy of the collaborative reproduction 
 10.2   agreement and the original copies of all other related 
 10.3   agreements, if any, are attached to the petition and there are 
 10.4   no other collateral oral or written agreements between the 
 10.5   parties that are not received and reviewed by the court; and 
 10.6      (11) all parties expressly agree in the petition that, for 
 10.7   a period of 180 days after the birth of the child, the Minnesota 
 10.8   district court in the county in which the agreement was 
 10.9   originally approved has exclusive and continuing jurisdiction 
 10.10  over all disputes, if any, regarding the collaborative 
 10.11  reproduction agreement and the parentage or custody of the 
 10.12  resulting child. 
 10.13     Subd. 3.  [PROCEEDING FOR JUDICIAL APPROVAL OF 
 10.14  COLLABORATIVE REPRODUCTION AGREEMENT.] The court must issue an 
 10.15  order approving the collaborative reproduction agreement and 
 10.16  declaring that the intended parent or parents will be the parent 
 10.17  or parents of a child born during the term of the agreement on 
 10.18  finding that: 
 10.19     (1) all of the requirements of subdivision 2, paragraph 
 10.20  (b), are met; and 
 10.21     (2) the consideration, if any, paid to the prospective 
 10.22  gestational or surrogate carrier is reasonable. 
 10.23     Subd. 4.  [JUDICIAL APPROVAL WITHOUT REPRESENTATION.] Upon 
 10.24  petition by the gestational or surrogate carrier or an intended 
 10.25  parent, either or both of whom are not represented by legal 
 10.26  counsel, the court must hold a hearing within 30 days of the 
 10.27  filing of the petition.  Notice of the hearing must be given as 
 10.28  required by the applicable rules of civil procedure.  If the 
 10.29  court reviews and approves the collaborative reproduction 
 10.30  agreement, the court must enter an order within 30 days after 
 10.31  the hearing date approving the agreement and ordering that the 
 10.32  intended parent or parents be listed on the birth record as the 
 10.33  child's legal parent or parents in accordance with the terms of 
 10.34  the agreement. 
 10.35     Subd. 5.  [JUDICIAL APPROVAL WITH REPRESENTATION.] Upon 
 10.36  petition by the gestational or surrogate carrier or an intended 
 11.1   parent where both parties are represented by legal counsel, the 
 11.2   court may review and approve the collaborative reproduction 
 11.3   agreement without a hearing and without an appearance by either 
 11.4   party or legal counsel on the party's behalf.  If the court 
 11.5   approves the collaborative reproduction agreement, it must enter 
 11.6   an ex parte order within 30 days after the filing of the 
 11.7   petition approving the agreement and ordering that the intended 
 11.8   parent or parents be listed on the birth record as the child's 
 11.9   legal parent or parents in accordance with the terms of the 
 11.10  agreement. 
 11.11     Subd. 6.  [ENFORCEABILITY OF COURT-APPROVED COLLABORATIVE 
 11.12  REPRODUCTION AGREEMENT.] If a court reviews and approves a 
 11.13  collaborative reproduction agreement before embryo or gamete 
 11.14  transfer, the agreement is enforceable pursuant to the terms of 
 11.15  the agreement. 
 11.16     Subd. 7.  [ENFORCEABILITY OF COLLABORATIVE REPRODUCTION 
 11.17  AGREEMENT THAT IS NOT COURT-APPROVED.] (a) A collaborative 
 11.18  reproduction agreement not approved by a court under this 
 11.19  section is not effective and enforceable under this chapter.  
 11.20  This section does not affect the validity of an agreement that 
 11.21  is not approved by a court under this section that is entered 
 11.22  into either before or after August 1, 2002, if the agreement is 
 11.23  valid under any other state law. 
 11.24     (b) If a birth results under an agreement not approved by a 
 11.25  court under this section, the parent-child relationship is 
 11.26  determined under sections 257.51 to 257.74. 
 11.27     (c) An intended parent who is a party to a collaborative 
 11.28  reproduction agreement that is not approved by a court under 
 11.29  this section may be held liable for support of the resulting 
 11.30  child even if the agreement is otherwise unenforceable.  The 
 11.31  liability under this section includes assessing filing fees, 
 11.32  reasonable attorneys fees, fees for genetic testing, other costs 
 11.33  and necessary travel, and other reasonable expenses incurred to 
 11.34  adjudicate parentage. 
 11.35     (d) This subdivision applies to collaborative reproduction 
 11.36  agreements not approved by the court under this section 
 12.1   regardless of whether the agreement is submitted to the court 
 12.2   for approval. 
 12.3      Subd. 8.  [PROCEEDINGS AND RECORDS, CONFIDENTIAL.] The 
 12.4   proceedings, records, and identities of the individual parties 
 12.5   to a collaborative reproduction agreement under this section are 
 12.6   subject to the standards of confidentiality applicable to 
 12.7   adoptions under sections 259.61 and 259.79. 
 12.8      Subd. 9.  [EXCLUSIVE, CONTINUING JURISDICTION.] Pursuant to 
 12.9   the express agreement of the parties, as required under 
 12.10  subdivision 2, paragraph (b), the court conducting a proceeding 
 12.11  under this section has exclusive, continuing jurisdiction over 
 12.12  all matters arising out of the collaborative reproduction 
 12.13  agreement until a child born to the gestational or surrogate 
 12.14  carrier during the period governed by the agreement attains the 
 12.15  age of 180 days. 
 12.16     Subd. 10.  [PROHIBITION.] No party may enter into a 
 12.17  collaborative reproduction agreement regarding the birth of a 
 12.18  child conceived by sexual intercourse.  An agreement of this 
 12.19  kind is void and unenforceable. 
 12.20     Subd. 11.  [TERMINATION OF COLLABORATIVE REPRODUCTION 
 12.21  AGREEMENT.] (a) After a court issues an order under this 
 12.22  section, but before the prospective gestational or surrogate 
 12.23  carrier becomes pregnant by means of assisted reproduction, the 
 12.24  prospective gestational or surrogate carrier, her spouse, if 
 12.25  any, or an intended parent may terminate the collaborative 
 12.26  reproduction agreement by giving written notice of termination 
 12.27  to all other parties and any participating provider. 
 12.28     (b) The court, for good cause shown, such as the death or 
 12.29  divorce of an intended parent, may also, before the prospective 
 12.30  gestational or surrogate carrier becomes pregnant by means of 
 12.31  assisted reproduction, terminate the collaborative reproduction 
 12.32  agreement.  Written notice of the court's termination of the 
 12.33  agreement must be served upon all parties and any participating 
 12.34  provider. 
 12.35     (c) A party who terminates a collaborative reproduction 
 12.36  agreement must file notice of the termination with the court.  
 13.1   On receipt of the notice, the court must vacate any order issued 
 13.2   under this section.  A party who does not notify the court of 
 13.3   the termination of the agreement is subject to appropriate 
 13.4   sanctions. 
 13.5      (d) No party is liable to the other parties for terminating 
 13.6   a collaborative reproduction agreement under this section.  
 13.7   Notwithstanding this, the intended parent or parents remain 
 13.8   liable for any medical, counseling, legal, travel, or other 
 13.9   reasonable expenses related to the gestational or surrogate 
 13.10  carrier's performance of the agreement that the carrier incurs 
 13.11  before the date the agreement is terminated. 
 13.12     Subd. 12.  [GESTATIONAL OR SURROGATE CARRIER; EFFECT OF 
 13.13  SUBSEQUENT MARRIAGE.] After a court issues an order under this 
 13.14  section, a gestational or surrogate carrier's subsequent 
 13.15  marriage does not affect the validity of a collaborative 
 13.16  reproduction agreement, her spouse's consent to the agreement is 
 13.17  not required, and her spouse is not a presumed father of the 
 13.18  resulting child. 
 13.19     Sec. 7.  [257C.07] [PARENTAGE.] 
 13.20     Subdivision 1.  [INTENDED PARENT.] (a) Upon execution of an 
 13.21  embryo or collaborative reproduction agreement, but before 
 13.22  gamete or embryo transfer, the intended parent or parents have 
 13.23  all rights, responsibilities, interests, and control over the 
 13.24  gametes or embryos they intend to transfer. 
 13.25     (b) Upon the birth of a child to a gestational or surrogate 
 13.26  carrier within 300 days of the last procedure using assisted 
 13.27  reproduction under a court-approved collaborative reproduction 
 13.28  agreement, the intended parent or parents of the child are, in 
 13.29  all respects, the parent or parents of the child. 
 13.30     (c) Upon the birth of the child to a gestational or 
 13.31  surrogate carrier, the intended parent or parents or the 
 13.32  gestational or surrogate carrier must immediately furnish a 
 13.33  certified copy of the court order issued under section 257C.06 
 13.34  to the facility in which the birth takes place or to any other 
 13.35  person required to prepare and file a birth record as provided 
 13.36  in section 144.215.  A birth record must be filed in accordance 
 14.1   with the provisions of section 144.215.  A certified copy of the 
 14.2   court order issued under section 257C.06 must be sent to the 
 14.3   state registrar by the facility or person required to prepare 
 14.4   and file a birth record. 
 14.5      (d) On application, the court may issue an order 
 14.6   supplemental to the order issued under section 257C.06.  As 
 14.7   necessary, the court, in its supplemental order, may: 
 14.8      (1) confirm that the intended parent or parents are the 
 14.9   parent or parents of the child; 
 14.10     (2) order that the child be surrendered to the intended 
 14.11  parent or parents; 
 14.12     (3) if a birth record has not been prepared and filed 
 14.13  pursuant to section 144.215, direct that a birth record be 
 14.14  prepared and filed that names the intended parent or parents as 
 14.15  the parent or parents of the child; 
 14.16     (4) if a birth record has already been prepared and filed 
 14.17  pursuant to section 144.215, direct the state registrar to 
 14.18  replace the birth record and remove the names of any 
 14.19  participants other than the intended parent or parents, add the 
 14.20  names of an intended parent or parents, and, if necessary, 
 14.21  change the name of the child; 
 14.22     (5) if the birth is not consistent with the collaborative 
 14.23  reproduction agreement approved under section 257C.06, determine 
 14.24  the parentage of the child; and 
 14.25     (6) make any other order necessary to carry out the 
 14.26  purposes of a collaborative reproduction agreement approved 
 14.27  under section 257C.06. 
 14.28     Subd. 2.  [DONOR.] (a) Upon execution of a written 
 14.29  agreement at the time of donation of a gamete or embryo, the 
 14.30  donor relinquishes all rights, responsibilities, interests, and 
 14.31  control over the gamete or embryo. 
 14.32     (b) Any known donor who executes a court-approved written 
 14.33  collaborative reproduction agreement or any anonymous or other 
 14.34  donor is not the parent of a child conceived through the use of 
 14.35  the donor's gamete or embryo for any purpose. 
 14.36     Subd. 3.  [GESTATIONAL OR SURROGATE CARRIER.] The 
 15.1   gestational or surrogate carrier and the gestational or 
 15.2   surrogate carrier's spouse, if any, who execute a court-approved 
 15.3   written collaborative reproduction agreement are not the parents 
 15.4   of a child conceived through assisted reproduction and born to 
 15.5   the gestational or surrogate carrier pursuant to a collaborative 
 15.6   reproduction agreement. 
 15.7      Sec. 8.  [257C.08] [INHERITANCE.] 
 15.8      Subdivision 1.  [INHERITANCE RIGHTS UNDER COLLABORATIVE 
 15.9   REPRODUCTION AGREEMENTS.] In all cases involving collaborative 
 15.10  reproduction agreements, in the absence of a testamentary 
 15.11  document executed by an intended parent, the following 
 15.12  principles apply: 
 15.13     (1) if an intended parent dies before gamete or embryo 
 15.14  transfer, the resulting child has no rights of inheritance 
 15.15  against the estate of that intended parent unless the transfer 
 15.16  is subsequently completed for the unmarried surviving intended 
 15.17  parent's own parenting purposes; and 
 15.18     (2) if one or both intended parents die at any time during 
 15.19  the pregnancy of a gestational or surrogate carrier, the 
 15.20  resulting child is an heir of both intended parents, but is not 
 15.21  an heir of the gestational or surrogate carrier and spouse, if 
 15.22  any. 
 15.23     Subd. 2.  [INHERITANCE RIGHTS UNDER EMBRYO AGREEMENTS.] In 
 15.24  all cases involving embryo agreements, in the absence of a 
 15.25  testamentary document executed by an intended parent, the 
 15.26  following principles apply: 
 15.27     (1) if an intended parent dies after creation or storage of 
 15.28  an embryo, but before embryo transfer, the resulting child is 
 15.29  not the heir of the deceased intended parent unless the embryo 
 15.30  is used for the unmarried surviving intended parent's own 
 15.31  parenting purposes; and 
 15.32     (2) if one or both intended parents die after embryo 
 15.33  transfer, but before birth of the child, the resulting child is 
 15.34  an heir of both intended parents. 
 15.35     Subd. 3.  [DONOR.] In all cases involving collaborative 
 15.36  reproduction or embryo agreements, the following principles 
 16.1   apply: 
 16.2      (1) a child resulting from assisted reproduction is not an 
 16.3   heir of a donor; and 
 16.4      (2) a donor has no rights of inheritance against the child 
 16.5   or the child's estate. 
 16.6      Sec. 9.  [INSTRUCTION TO REVISOR.] 
 16.7      The revisor shall renumber Minnesota Statutes, section 
 16.8   257.56 to be section 257C.09 and correct all references to that 
 16.9   section in Minnesota Statutes and Minnesota Rules. 
 16.10     Sec. 10.  [EFFECTIVE DATE.] 
 16.11     This act is effective August 1, 2002.