Vetoed by Governor Tim Pawlenty

Vote Smart's Synopsis:

Vote to pass a bill that clarifies laws dealing with artificial insemination and the use of surrogate mothers.

Highlights:

-Requires the use of gestational contracts to protect the rights of intended parents as well as donors (Sec. 5). -Declares that the intended parents of a child will be treated as the legal biological parents and the individual who donated the sperm or eggs will lose their parental right (Sec. 1). -Requires surrogate mothers to be at least 21 years of age have given birth to at least one child, completed a medical and mental health evaluation, has been informed of the legal separation process, and has a health insurance policy (Sec. 4). -States that a donor may be liable for child support if the donor and intended parents fail to enter into a gestational carrier contract (Sec. 6). -States that intended parents who breach the gestational carries contract are still responsible for support of the child (Sec.6). -Requires intended parents to declare, in a record, that they intend to become the legal parents when the intended parents contribute either an egg or sperm to the artificial insemination process; or the embryo is created with sperm and eggs donated by persons who are not the intended parents. (Sec. 1). -Allows a court to determine parental rights when conflicts arise. Courts shall define who the intended parents and donors are based solely on the parties’ original intent (Sec. 1). -Does not require spousal consent for a surrogate mother to enter into a gestational contract. The spouse of a gestational carrier will not be considered the parent of the resulting child (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that clarifies laws dealing with artificial insemination and the use of surrogate mothers.

Highlights:

-Requires the use of gestational contracts to protect the rights of intended parents as well as donors (Sec. 5). -Declares that the intended parents of a child will be treated as the legal biological parents and the individual who donated the sperm or eggs will lose their parental right (Sec. 1). -Requires surrogate mothers to be at least 21 years of age have given birth to at least one child, completed a medical and mental health evaluation, has been informed of the legal separation process, and has a health insurance policy (Sec. 4). -States that a donor may be liable for child support if the donor and intended parents fail to enter into a gestational carrier contract (Sec. 6). -States that intended parents who breach the gestational carries contract are still responsible for support of the child (Sec.6). -Requires intended parents to declare, in a record, that they intend to become the legal parents when the intended parents contribute either an egg or sperm to the artificial insemination process; or the embryo is created with sperm and eggs donated by persons who are not the intended parents. (Sec. 1). -Allows a court to determine parental rights when conflicts arise. Courts shall define who the intended parents and donors are based solely on the parties’ original intent (Sec. 1). -Does not require spousal consent for a surrogate mother to enter into a gestational contract. The spouse of a gestational carrier will not be considered the parent of the resulting child (Sec. 8).

Full Bill Text