Minnesota

PRE BIRTH OR POST BIRTH ORDER

Post-birth and adoption proceedings for the non-genetically related parent.  

Process begins at week 14 of the pregnancy and all documents are filed prior to birth.  Once the case is filed, and following the birth, the issuance of the hearing is scheduled within 3-5 days and judgment is entered at the conclusion of the hearing.

All parties must attend the hearing.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.  

Order must include estimated delivery date and expected place of delivery, as well as all parties' dates of birth, places of birth, and child(ren)'s names.

Certified Order should be presented to the hospital.


Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.

Ordering - http://www.health.state.mn.us/divs/chs/osr/birth.html

If the IPs' marital status is not noted on the birth record, only the parents may order the birth record.  If the IPs' martial status is noted on the birth record, then IPs' attorney may order the birth certificate.

Vital Records Contact -

Krista Bauer, Registration Supervisor

Minnesota Vital Records Office

85 East 7th Place, Suite 220

Saint Paul, MN55164

651-201-5937

krista.bauer@state.mn.us


statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. Minn. Stat. §257.62, subd. 5 (c) provides that a donor, whether sperm or of egg, cannot claim to be the child's parent.  Minn. Stat. §257.56 states a sperm donor will only be considered the parent if he uses the sperm to impregnate his wife. 

Venue

County of the child's birthplace, county of the Intended Parent's residence, county of the Gestational Surrogate’s residence, county where the surrogacy agreement was executed, or county where the medical procedures pursuant to the surrogacy agreement are performed.

Do results vary by venue?  No, but there are procedural variations.

Are motions to waive venue accepted?  No


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  No.


Of counsel

Steven H. Snyder

Steven H. Snyder and Associates

11270 - 86th Avenue North

Maple Grove, MN 55369-4510

(763) 420-6700

steven@snyderlawfirm.com

http://www.snyderlawfirm.com