Legal note: This page is educational only. Minnesota-licensed reproductive counsel should verify the current law and the status of any pending surrogacy legislation before an agreement is signed or treatment begins.

What Chapter 257E does — and does not — cover

Minnesota Statutes Chapter 257E creates rules for assisted reproduction and orders of parentage. However, the statutory definition of “assisted reproduction” expressly excludes a pregnancy under a surrogacy agreement, the pregnancy of a surrogate, embryo transfer to a surrogate and conception under a surrogacy agreement. For that reason, Chapter 257E should not be described as Minnesota's existing comprehensive surrogacy statute.

Pending 2026 legislation

SF 4491, introduced in March 2026, proposes separate rules for traditional and gestational surrogacy, contract enforceability and parentage. A proposed bill is not current law unless and until it is enacted and effective, so this site will not present its requirements as binding law.

Parentage planning

Because the current statutory framework does not comprehensively regulate gestational surrogacy, the agreement, parentage process and court strategy require case-specific advice. This site does not rank Hennepin, Ramsey, Dakota or other counties as “best” and does not guarantee a pre-birth order based on geography.

What to verify before proceeding

  • The current status of SF 4491 or any successor legislation.
  • Jurisdiction and venue for parentage.
  • How the gestational-carrier agreement should be structured.
  • Whether and when a parentage order can be requested.
  • How the hospital and birth-record process should be coordinated.

Minnesota is a good example of why proposed legislation and assisted-reproduction statutes must not be confused with an enacted surrogacy code.