Surrogacy in Minnesota

Everything You Need To Know

Welcome to our guide on Surrogacy in Minnesota. This resource is designed to provide clear and comprehensive information for anyone considering surrogacy in the state. Our guide covers essential topics, from understanding Minnesota’s surrogacy-friendly laws to finding the right agency.

Whether you are an Intended Parent or a Surrogate, you’ll find practical advice and support to navigate the surrogacy process in cities like Minneapolis, St. Paul, Rochester, and across Minnesota.

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Understanding Surrogacy in Minnesota

Embarking on a surrogacy journey in Minnesota is a significant step towards building your family. At Fairfax Surrogacy, we are committed to guiding and supporting you through every stage of this process.

Is Minnesota Surrogacy-Friendly?

Yes! Minnesota is considered surrogacy-friendly, despite explicit laws or statutes permitting gestational surrogacy. Legal precedents and the absence of prohibitive laws allow for surrogacy agreements to be practiced, making it a viable option for intended parents and surrogates.

Disclaimer: The information provided in this guide is for general informational purposes only and is not intended to serve as legal advice. The content herein does not establish a lawyer-client relationship, and readers should not rely solely on this information for making legal decisions. We strongly advise consulting with a qualified attorney to confirm the accuracy of any details mentioned and to receive legal counsel tailored to your specific situation. Please be aware that laws and regulations regarding surrogacy vary by jurisdiction and are subject to change, meaning that details may not be current or applicable in all areas. It is essential to verify the most up-to-date legal standards and requirements with a professional who is knowledgeable about the latest legislative changes and how they might affect your surrogacy journey.

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Who Can Be a Surrogate in Minnesota?

In Minnesota, a surrogate must meet certain criteria to ensure a safe and ethical surrogacy process. Typically, this includes being of a certain age range, having a previous successful pregnancy, and passing medical and psychological screenings. These requirements are in place to protect the health and well-being of the surrogate and the child.

We welcome women from all backgrounds and lifestyles including single moms, military moms, stay-at-home moms, and moms who work outside the home. Each of these life paths contributes unique perspectives and strengths to the surrogacy experience, making it a journey that is as rewarding as it is profound.

Who Can Be an Intended Parent?

Minnesota is considered surrogacy-friendly, despite explicit laws or statutes permitting gestational surrogacy. Legal precedents and the absence of prohibitive laws allow for surrogacy agreements to be practiced, making it a viable option for intended parents and surrogates.

At Fairfax Surrogacy, we support all types of intended parents, including:

  • Couples who are facing infertility or have medical conditions that make pregnancy unsafe.
  • Men and women who choose to become single parents without a partner.
  • Same-sex couples looking to start a family, where at least one partner may not have a biological link to the child.
  • Individuals or couples using egg or sperm donors due to genetic concerns or other reasons.
  • Women who are unable to carry a pregnancy due to health risks or reproductive challenges.
  • Cancer survivors who have undergone treatments like chemotherapy or radiation, which might have affected their fertility.

Our team at Fairfax Surrogacy is dedicated to providing tailored support and guidance for your unique circumstances. We understand that the journey to parenthood is deeply personal, and our goal is to make it as smooth and fulfilling as possible for every intended parent we work with.

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Surrogacy Laws in Minnesota

In Minnesota, the legal environment for gestational surrogacy is navigated through existing family law principles rather than through explicit surrogacy laws.

Intended parents, including singles, unmarried couples, and LGBTQ+ individuals, may engage in surrogacy arrangements, but they often need to obtain legal parentage through post-birth legal processes, such as adoption, to ensure their rights are fully recognized.

Key Aspects of Minnesota’s Surrogacy Laws:

  1. Legality of Gestational Surrogacy Agreements (GSA): Minnesota does not have explicit statutes or case law that specifically address gestational surrogacy in a comprehensive manner. However, while there are no statutes expressly permitting or prohibiting gestational surrogacy, the state’s legal practices allow for surrogacy arrangements to be made.


    Surrogacy agreements in Minnesota, particularly gestational surrogacy agreements, are not statutorily regulated but are generally considered enforceable. The state’s approach to establishing parentage in surrogacy cases can involve varying legal processes, and intended parents may need to go through adoption procedures, especially in cases where there is no genetic link to the child.

    It’s important for all parties involved in a surrogacy agreement in Minnesota to work closely with legal professionals who specialize in reproductive law within the state. This ensures that their surrogacy journey is navigated with a clear understanding of the legal landscape, safeguarding the rights and responsibilities of everyone involved.

    A well-drafted surrogacy contract is crucial. These contracts detail the agreement between the surrogate and the intended parents, covering aspects like compensation, parental rights, and the course of action for various potential scenarios during the pregnancy and after birth.

  2. Inclusivity: Minnesota’s legal approach to surrogacy does not explicitly include statutes that address the inclusivity of surrogacy arrangements based on marital status, sexual orientation, or genetic connection to the child. While there are no specific laws prohibiting surrogacy for any individual or couple, the state operates without a comprehensive legal framework explicitly governing surrogacy agreements. This means that while surrogacy is practiced and can be pursued by a diverse range of intended parents, the legal process for establishing parental rights and navigating surrogacy agreements may require careful legal guidance.
  3. Pre-Birth orders: In Minnesota, the possibility of obtaining a pre-birth order varies by county and depends on specific circumstances. While the state does not have a uniform statute that explicitly governs the issuance of pre-birth orders for surrogacy arrangements, some counties may grant these orders under certain conditions. The process and criteria for obtaining a pre-birth order can differ significantly, potentially allowing married or unmarried individuals, heterosexual or same-sex couples, and those with no genetic link to the child to establish legal parentage before the child’s birth. However, this is not guaranteed across all jurisdictions within the state.
  4. Parental rights for non-biological parents: In Minnesota, the establishment of parental rights for non-biological parents in the context of surrogacy may require navigating specific legal processes, including second-parent or stepparent adoptions, especially for intended parents who are not genetically related to the child. While Minnesota law supports the rights of intended parents in surrogacy arrangements, the state does not have statutes that automatically establish parental rights for non-biological parents without some form of legal action. This means that intended parents, including those in LGBTQ+ relationships or single individuals pursuing surrogacy, may need to undertake additional steps to ensure their parental rights are legally recognized and protected. It’s important for intended parents in these situations to consult with legal professionals experienced in Minnesota’s family law to fully understand the necessary procedures to secure their parental rights.

It is highly recommended that both intended parents and surrogates have independent legal representation. This ensures that the surrogacy agreement is fair and that the rights and responsibilities of all parties are clearly outlined and understood.

At Fairfax Surrogacy, we work closely with experienced legal professionals who specialize in reproductive law and are well-versed in the legal process for surrogacy in Minnesota. Our network of legal experts ensures that your surrogacy journey is compliant with state laws and that your rights and interests are protected throughout the process.

Understanding and navigating these laws can be complex, but with the right guidance and support, intended parents and surrogates can embark on this journey with confidence and peace of mind.


Disclaimer: The information provided in this guide is for general informational purposes only and is not intended to serve as legal advice. The content herein does not establish a lawyer-client relationship, and readers should not rely solely on this information for making legal decisions. We strongly advise consulting with a qualified attorney to confirm the accuracy of any details mentioned and to receive legal counsel tailored to your specific situation. Please be aware that laws and regulations regarding surrogacy vary by jurisdiction and are subject to change, meaning that details may not be current or applicable in all areas. It is essential to verify the most up-to-date legal standards and requirements with a professional who is knowledgeable about the latest legislative changes and how they might affect your surrogacy journey.

Information About Surrogacy in Minnesota for Intended Parents

Embarking on the surrogacy journey in Minnesota as an intended parent requires careful consideration and the right support. At Fairfax Surrogacy, we understand the significance of selecting the right surrogacy agency for a successful and fulfilling experience.

Our approach is rooted in personalization, coordination, continuous support, and transparency. We prioritize finding the ideal surrogate match for you, manage all legal and medical processes meticulously, offer unwavering guidance throughout the journey, and provide transparent financial planning.

Choosing a Surrogacy Agency

Selecting the right surrogacy agency is crucial for a successful journey. At Fairfax Surrogacy, we offer comprehensive services tailored to your unique needs. Our approach includes:

  • Personalized Matching: We prioritize finding the perfect surrogate match for you, considering factors like compatibility, values, and preferences to ensure a harmonious journey.
  • Coordination of Legal and Medical Processes: We manage all aspects of the surrogacy journey, from overseeing legal agreements to coordinating medical appointments and procedures. Our team ensures that every step adheres to Minnesota’s legal requirements and medical best practices.
  • Continuous Support and Guidance: We provide ongoing support and guidance throughout the surrogacy process. Our team is always available to answer your questions, offer emotional support, and provide the resources you need for a smooth experience.
  • Transparent Financial Planning: Understanding the financial aspects of surrogacy is vital. We offer a clear breakdown of all costs involved, including agency fees, surrogate compensation, and medical expenses, to help you plan effectively.

Whether you’re located in a major city like Minneapolis or a smaller community in Minnesota, choosing Fairfax Surrogacy means embarking on a well-supported and carefully guided path to parenthood. We are dedicated to making your surrogacy experience as fulfilling and successful as possible.

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Finding a Surrogate in Minnesota

At Fairfax Surrogacy, we distinguish ourselves through our quality screening process, ensuring that all surrogates are thoroughly vetted before matching. This approach sets us apart from many traditional models and is a crucial aspect of our commitment to your journey towards parenthood.

  • Initial Consultation and Screening: The journey begins with an initial consultation and a comprehensive screening process. This step is vital in understanding the candidate’s readiness and suitability for surrogacy.
  • Comprehensive Health Screening: Our health screening is extensive, including medical examinations, bloodwork, and psychological evaluations. This ensures that our surrogates are in optimal health, both physically and mentally, for the surrogacy journey.
  • Background Checks: We conduct detailed background checks as part of our commitment to safety and security throughout the surrogacy process.
  • In-Depth Interviews: Our team engages in thorough interviews with potential surrogates to gauge their motivations and expectations, ensuring they are fully prepared for the journey ahead.
  • Compatibility Matching: After passing our rigorous screening process, surrogates are carefully matched with intended parents, considering factors like personality, values, and communication preferences.

Our quality screening process stands as an invaluable safeguard for you on your path to becoming a parent through surrogacy. By thoroughly vetting all surrogates before matching, we ensure a higher level of safety, compatibility, and overall satisfaction for both surrogates and intended parents. This meticulous approach is a cornerstone of our service at Fairfax Surrogacy, reflecting our dedication to creating successful and fulfilling surrogacy experiences.

Surrogacy Contracts & Securing Your Parentage

Navigating the legal aspects of surrogacy is a critical component of the journey for intended parents in Minnesota. Establishing parental rights involves specific legal steps, including the drafting of a well-structured surrogacy agreement and, in most cases, issuance of a pre-birth order for securing your parentage. At Fairfax Surrogacy, we understand the importance of these legalities and ensure they are handled with precision and expertise.

Our extensive network of partners includes top legal professionals who specialize in reproductive law. These experts are well-versed in the nuances of Minnesota’s surrogacy landscape, ensuring that your surrogacy agreement is meticulously crafted to protect your rights as intended parents. This legal framework is essential not only for securing your parentage but also for providing clarity and security for all parties involved in the surrogacy process.

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Surrogacy Costs in Minnesota

At Fairfax Surrogacy, we recognize the financial complexities involved in the surrogacy journey. To provide clarity and peace of mind for our intended parents, we offer fixed cost packages for surrogacy. These packages are designed to simplify the financial aspect of surrogacy, ensuring transparency and eliminating the worry of hidden fees or unexpected expenses.

Every package includes professional fees covering agency, attorney, counselor, insurance review, and escrow management. Additionally, they encompass surrogate pre-screening, compensation, and all related expenses. Even select variable expenses, such as outside monitoring, travel, and insurance, are covered.

By choosing one of our fixed cost surrogacy packages, intended parents can focus on the exciting journey ahead, reassured by the knowledge that all financial aspects are transparently handled and well-managed. For more details on each package and to understand which option best suits your needs, we invite you to request a no-cost consultation with one of our experienced case managers.

Information About Surrogacy for Minnesota Surrogates

Becoming a surrogate in Minnesota is a generous and life-changing decision. It’s a journey that requires commitment, understanding, and a supportive environment. At Fairfax Surrogacy, we are dedicated to guiding surrogates through every step of this rewarding process. Potential surrogates in Minnesota should understand the requirements to become a surrogate, the steps of the surrogacy process, and their surrogacy compensation.

The Surrogacy Process

The surrogacy process includes several stages, each meticulously planned to ensure a successful and fulfilling experience. It all begins with the initial consultation and screening, where we determine if you’re ready for the remarkable role of a surrogate.

  1. Initial Consultation and Screening: The surrogacy journey begins with an initial consultation followed by a comprehensive screening process. This includes bloodwork and a psychological evaluation to ensure that you are fully prepared for the experience of being a surrogate.
  2. Matching with Intended Parents: After the initial screening, we focus on matching surrogates with intended parents. This step involves considering each party’s preferences, expectations, and compatibility to ensure a harmonious relationship throughout the surrogacy journey.
  3. Medical Screening: Following a successful match, surrogates undergo further medical screening. This step is crucial to confirm overall health and readiness for the surrogacy process.
  4. Legal Process: Once medical screening is complete, the legal process begins. This involves drafting and finalizing surrogacy agreements to protect the rights and responsibilities of both the surrogate and the intended parents.
  5. Medical Process, Including IVF: After the legal agreements are in place, the medical process starts. This includes fertility treatments and in vitro fertilization (IVF) to facilitate the pregnancy.
  6. Pregnancy and Birth: The final stages of the journey involve the surrogate carrying the pregnancy and eventually giving birth. Throughout this period, we provide continuous support and care to ensure a healthy pregnancy and delivery experience for both the surrogate and the baby.

Throughout every stage, Fairfax Surrogacy provides unwavering support and care to ensure a healthy and rewarding experience for both you and the intended parents.

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Becoming a Surrogate in Minnesota

To become a surrogate in Minnesota, candidates typically need to have had at least one successful pregnancy, be in good physical and mental health, and meet certain age criteria. The basic requirements to become a surrogate in Minnesota are:

  • Must be a legal resident of the United States
  • Must be between the ages of 21 and 42 years old
  • Must have a body mass index (BMI) less than or equal to 32
  • Must have had at least one full-term, uncomplicated pregnancy and birth
  • Must have had 5 or fewer previous deliveries and 2 or fewer C-sections

If you meet these basic requirements, you may be eligible to become a gestational surrogate with Fairfax Surrogacy. This process is the beginning of a rewarding journey where you can make a significant difference in the lives of intended parents.

The Application Process

Becoming a surrogate is a meaningful journey, and at Fairfax Surrogacy, we are here to guide you through every step of the way. The first step in your surrogacy journey is the application process, where we take the time to get to know you and ensure that you have all the information you need about surrogacy.

What to Expect During the Application Process:

  1. Initial Consultation: We will start by having an initial consultation to answer any questions you may have and provide you with comprehensive information about surrogacy. This is an opportunity for you to gain a clear understanding of the surrogacy process.
  2. Questionnaires and Interviews: As part of the application process, we will gather information through questionnaires and interviews. These will help us learn more about your background, preferences, and motivations for becoming a surrogate.
  3. Medical History and Records: Your medical history, including pregnancy and delivery records, will be reviewed. This is to ensure that you meet the necessary medical criteria for surrogacy.
  4. Matching Preferences: We will discuss your preferences for matching with intended parents. Your comfort and compatibility with the intended parents are essential for a harmonious surrogacy journey.
  5. Medical and Psychological Assessments: As part of the screening process, you will undergo basic laboratory testing and a psychological assessment. These assessments help ensure that you are physically and emotionally prepared for the surrogacy journey.
  6. Insurance Review: We will review your medical insurance to determine which aspects of the surrogacy process are covered. If necessary, we may work on adjusting or expanding your health insurance coverage to prevent unforeseen expenses.

Our goal during the application process is to provide you with all the support and information you need to embark on this remarkable journey with confidence. Your well-being and understanding of the process are our top priorities.

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Compensation for Surrogates in Minnesota

At Fairfax Surrogacy, we deeply value the commitment and vital role our surrogates play in the journey of creating families. Understanding the importance of transparency in financial matters, we prioritize clear and upfront communication about how much surrogates get paid in Minnesota, ensuring our surrogates are fully informed from the beginning.

  • Generous Benefits Package: Fairfax Surrogates are offered a generous Benefits Package, starting at $53,000. This package is designed to adequately compensate our surrogates for their dedication and the incredible gift they are providing to intended parents.
  • Additional Fees and Bonuses: In addition to your base compensation, our package includes additional fees and bonuses, recognizing the various aspects and stages of the surrogacy journey.
  • Support and Benefits: Beyond financial compensation, surrogates receive comprehensive support throughout the pregnancy, including medical care, counseling, and a supportive community of fellow surrogates.

Becoming a surrogate is a profound decision that impacts many lives. At Fairfax Surrogacy, we honor and respect the dedication of our surrogates and are committed to providing them with the utmost care and support throughout their surrogacy journey in Minnesota.

For detailed information about the benefits and support we offer, find out if you qualify!

FAQs About Surrogacy in Minnesota

  • Is surrogacy legal in Minnesota?
    Yes, surrogacy is legal in Minnesota, but the state lacks a comprehensive legal framework specifically governing surrogacy. The legality of surrogacy agreements and the process for establishing intended parents' legal rights, such as through pre-birth orders, largely depend on judicial interpretation and the specifics of each case. Intended parents of all backgrounds, including singles, unmarried couples, and LGBTQ+ individuals, may pursue surrogacy with the guidance of experienced legal counsel to navigate the state's legal landscape.
  • Can LGBTQ+ individuals and same-sex couples pursue surrogacy in Minnesota?
    Yes, LGBTQ+ individuals and same-sex couples can pursue surrogacy in Minnesota. While the state does not have explicit surrogacy statutes, the absence of prohibitive laws means that surrogacy is accessible to all intended parents, regardless of marital status, sexual orientation, or genetic link to the child. However, the legal process for securing parental rights through surrogacy, including obtaining pre-birth or post-birth parentage orders, may require specific legal strategies tailored to each situation. LGBTQ+ families are encouraged to seek legal advice from professionals experienced in surrogacy and family law in Minnesota to ensure their rights are fully protected.
  • What are the requirements for becoming a surrogate in Minnesota?
    To become a surrogate in Minnesota, candidates typically need to have had at least one successful pregnancy, be in good physical and mental health, and meet certain age criteria. The basic requirements to become a surrogate in Minnesota are:
    • Must be a legal resident of the United States
    • Must be between the ages of 21 and 42 years old
    • Must have a body mass index (BMI) less than or equal to 32
    • Must have had at least one full-term, uncomplicated pregnancy and birth
    • Must have had 5 or fewer previous deliveries and 2 or fewer C-sections
    If you meet these basic requirements, you may be eligible to become a gestational surrogate with Fairfax Surrogacy. This process is the beginning of a rewarding journey where you can make a significant difference in the lives of intended parents.
  • How do intended parents establish legal parentage in Minnesota?
    In Minnesota, intended parents may be able to establish legal parentage primarily through the process of obtaining a pre-birth parentage order, but due to the lack of explicit pre-birth order statutes, intended parents should be prepared for a post-birth legal process to establish parentage. This may involve a petition for adoption, such as a stepparent or second-parent adoption, especially in cases where the intended parent(s) have no genetic link to the child. The court reviews the circumstances of the surrogacy arrangement, including the surrogacy agreement, to ensure that establishing the intended parents' legal parentage serves the child's best interests.
  • What are the costs associated with surrogacy in Minnesota?
    Surrogacy costs in Minnesota can vary, but they generally include agency fees, surrogate compensation, medical expenses, legal fees, and other related costs. Agencies like Fairfax Surrogacy offer fixed cost packages to provide clarity and manage financial aspects of the surrogacy journey.
  • Is Minnesota a surrogacy-friendly state?
    Yes, Minnesota is considered a surrogacy-friendly state. While Minnesota does not have laws explicitly outlining surrogacy regulations, intended parents of any marital status, sexual orientation, or genetic connection to the child may be able to pursue surrogacy and seek pre-birth parentage orders. However, it's important to note that outcomes can vary by county and judge, indicating that while the state is generally surrogacy-friendly, the experience of navigating surrogacy agreements may differ across jurisdictions. Intended parents in Minnesota are encouraged to consult with legal professionals experienced in surrogacy to ensure their rights and interests are fully protected.
  • How do I find a surrogate in Minnesota?
    Finding a surrogate in Minnesota typically involves working with a reputable surrogacy agency. These agencies have expertise in matching intended parents with surrogates who meet their specific needs and preferences. The process usually includes:
    • Consultation with a Surrogacy Agency: Start by consulting a surrogacy agency like Fairfax Surrogacy. They will provide information about their services, the surrogacy process, and answer any initial questions you may have.
    • Surrogate Matching Process: The agency will assist you in the matching process, taking into account factors such as compatibility, personality, values, and any specific preferences or requirements you have.
    • Rigorous Screening: Surrogates in Minnesota undergo a rigorous screening process, which includes medical, psychological, and background checks, to ensure they are suitable for the surrogacy journey.
    • Legal and Medical Procedures: Once a match is made, the agency will guide you through the necessary legal and medical procedures, including drafting surrogacy agreements and coordinating medical treatments.
    Working with an agency ensures that all aspects of the surrogacy process are handled professionally and in compliance with Minnesota's legal framework.

Contact Us

Ready to take the next step in your surrogacy journey? 

Whether you’re considering becoming a surrogate or you’re on the path to parenthood, Fairfax Surrogacy is here to guide and support you every step of the way. Our team of compassionate and experienced professionals is eager to answer your questions and provide the personalized assistance you need.

Contact us today to explore your options, learn more about our services, and start your journey with confidence. Your dream of building or helping to build a family is just a conversation away – let’s make it a reality together!