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.
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Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
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One Bio Connection |
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Two Bio Connections |
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No Bio Connections |
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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.
For birth certificates which will be amended, a $40 fee applies, which is in addition to the costs for the certified copies of the birth certificates.
MN Dept of Health
ATTN: OVR - Krista Bauer
PO Box 64499
St. Paul, MN 55164-0499
651-201-5990
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
social security number
If a pre-birth order is obtained and provided at the time of delivery, the social security number/card may be applied for at the hospital.
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