Standards for surrogate mothers

Because of medical advances over the last few decades, families can use surrogate mothers to help with the birth of a child.

HF3448, sponsored by Rep. Kathy Tingelstad (R-Andover), would provide the requirements for a “gestational carrier agreement” — an agreement between the surrogate mother and the intended mother and father.

Approved by the House Public Safety and Civil Justice Committee March 12, it now goes to the House floor. A companion SF2965, sponsored by Sen. Linda Higgins (DFL-Mpls), awaits action by the Senate Judiciary Committee.

Tingelstad said that while surrogate arrangements have been happening in Minnesota for some time, the bill would provide standards and safeguards.

The bill proposes that any agreement include specifics about compensation, reimbursement for medical and legal services, and that the woman carrying the baby abstain from certain activities, including smoking, drinking and using nonprescription drugs. It also defines the parent-child relationship, and requires that any compensation be placed in an escrow account.

Tom Pritchard, president of the Minnesota Family Council, said the bill would unwisely break new ground, opening the way for “designer babies.”

Curtis Herbert, a private attorney, said that the issue is whether the state wants to “commoditize” baby making. “I give you the money, you give me the baby.” Herbert also said that although other states and countries may permit such agreements, none of them embrace compensation.

Taking exception to Herbert’s analogy, Rep. Debra Hilstrom (DFL-Brooklyn Center) said that because the arrangements are happening, and will continue to happen, the Legislature has to decide “whether it will set up standards, or we can have none.”