Surrogacy Contracts in Minnesota: Everything You Need to Know

Legal Clearance: The Final Step Before Transfer

The legal clearance process serves as the “green light” for the clinical stage of your journey.

You cannot begin the medication approval process or undergo an embryo transfer until both you and the intended parents have signed the final contract and your attorney has notified the fertility clinic.

The contract negotiation stage

During the contract negotiation stage, you will work with an independent attorney who represents only you. The intended parents’ attorney will draft the initial document, and your lawyer will review it to ensure it aligns with your expectations.

You might negotiate the amount of recovery time compensation or specific diet restrictions for surrogacy. Once both sides agree, you will sign and notarize the document. Your attorney then sends a “Letter of Legal Clearance” to the clinic, officially moving you from the legal stage to the medical stage.

Can Surrogacy Contracts Be Enforced in Minnesota?

A common concern for women considering this path is, “Can surrogacy contracts be enforced?”

In Minnesota, there is no state law that specifically says surrogacy is legal or illegal. Instead, the state relies on “case law” and general contract principles.

While this sounds complex, the reality is that Minnesota courts have a long history of being “surrogacy friendly.” They typically uphold these contracts as long as they are not “unconscionable” and both parties were represented by counsel.

However, including unenforceable contract terms—such as a clause that tries to dictate who you can vote for or one that waives your right to emergency medical care—can put the entire document at risk.

What happens if a contract is breached?

Knowing what happens if a contract is breached is essential for your protection. A breach occurs if one party fails to follow the agreed-upon rules.

• Minor Breaches: If a surrogate forgets to provide a receipt for a reimbursable expense, this is usually handled through a simple conversation or contract disputes mediation.
• Substantial Breaches: If the intended parents stop funding the escrow account, it is a “substantial breach.” In these cases, the breach of surrogacy contract consequences may include the surrogate being released from her obligations or the intended parents being sued for the remaining compensation.

Fair Surrogacy Compensation in Minnesota and Payment Structure

Securing fair surrogacy compensation is about more than just a paycheck; it is about ensuring your family is not financially burdened by your choice to help others.

In Minnesota, the payment schedule options are designed to provide consistent support throughout the process.

To protect these funds, escrow account requirements are strictly enforced. The intended parents must deposit the total amount of your compensation into a third-party account before you begin any medical procedures. This ensures your money is “locked in,” regardless of the intended parents’ future financial situation.

Medical Decisions and Control During Pregnancy

One of the most important sections of your agreement covers medical decisions during pregnancy. While the contract sets the intent for a healthy pregnancy, you maintain your medical records access rights and the right to bodily autonomy.

Choosing OB doctor for surrogacy

In Minnesota, you generally have the right of choosing an OB doctor for surrogacy, as long as they are within a reasonable distance and covered by the insurance policy.

You will also agree to a medication approval process, meaning you will follow the specific hormone protocols set by the fertility clinic to maximize the chances of a successful transfer.

Abortion decisions and selective reduction

Abortion decisions in contracts are handled with extreme care. Your contract will include selective reduction clauses and termination for medical reasons (TFMR) provisions.

These clauses outline what will happen if the fetus has a severe genetic abnormality or if carrying multiples poses a life-threatening risk to you.

 Because these are deeply personal decisions, it is vital to match with intended parents who share your views before the contract is drafted.

Lifestyle Clauses: Travel, Diet, and Daily Life Considerations

Lifestyle clauses and restrictions are included to ensure everyone is on the same page regarding the safety of the pregnancy. These are not meant to “control” you, but to set professional boundaries.

• Travel restrictions and pregnancy: You may be asked to avoid traveling more than 100 miles from your delivery hospital after the 28th or 30th week. This ensures you are close to your medical team if you go into early labor.
• Diet and habits: Your contract will reiterate standard medical advice, such as avoiding high-mercury fish, unpasteurized cheeses, and, of course, all nicotine and alcohol.
• Exercise restrictions during surrogacy: While staying active is encouraged, your contract might prohibit high-risk activities like horseback riding or skydiving during the pregnancy.

Delivery Plans and Post-Birth Expectations

Your surrogacy birth plan in the contract is a legal agreement about who has the right to be in the room and how the baby is handled immediately after birth.

Insurance Requirements for Surrogacy Journeys

Insurance coverage is one of the most expensive and critical parts of the legal agreement. Your attorney will review your current health plan to see if it is surrogate friendly insurance.

If your policy has a “surrogacy exclusion,” the intended parents must purchase a specialized “ART” (Assisted Reproductive Technology) policy for you.

The contract will also require:

1. Life insurance requirements: Usually a $500,000 to $1,000,000 policy naming your family as beneficiaries.
2. Disability insurance coverage: To replace your income if you are put on physician-ordered bed rest and cannot work.