The bill regulates traditional and gestational surrogacy arrangements in Minnesota, establishes legal requirements for enforceable gestational surrogacy contracts, and criminalizes operating a for-profit surrogacy agency.

Key Provisions:

1. Definitions:

   • Provides legal definitions for key terms such as donors, embryos, embryo transfers, gametes, gestational surrogacy arrangements and contracts, gestational surrogates, intended parents, and surrogacy agents.

2. Traditional Surrogacy:

   • Declares traditional surrogacy arrangements and contracts invalid.
   • Specifies that the woman who gives birth retains custody and parental rights unless she voluntarily terminates them.

3. Gestational Surrogacy:

   • Establishes conditions for enforceable gestational surrogacy contracts, including:
     • Representation by separate legal counsel for both the surrogate and intended parents.
     • Written notarized contract signed by all parties before medical procedures begin.
     • Legal acknowledgment of rights, responsibilities, and financial obligations.
     • Commitment from intended parents to accept custody of the child under any circumstance.
   • Protects the rights of the gestational surrogate, including:
     • The right to choose her own physician.
     • The right to medical decision-making during pregnancy.
     • Prohibiting compensation beyond actual medical expenses.
   • Allows intended parents to reimburse surrogates for medical and related costs but prohibits additional monetary compensation.
   • Establishes that contracts requiring a surrogate to terminate a pregnancy or selectively reduce fetuses are unenforceable.
   • Allows surrogacy contracts to be invalidated before embryo implantation without legal or financial penalties.
   • Prevents the surrogate's spouse (if they marry after the contract is signed) from being presumed a legal parent.

In summary, the bill bans traditional surrogacy contracts, sets strict guidelines for gestational surrogacy agreements to ensure ethical practices, and prohibits for-profit surrogacy agencies in Minnesota.