Informal Sperm Donation in Minnesota

Legal Framework and Considerations

Minnesota’s legal framework for informal sperm donation, including at-home artificial insemination (AI), is governed by the Minnesota Parentage Act, enacted via 2024 Minn. Laws ch. 101 and codified in Minn. Stat. Chapter 257E, effective August 1, 2024. Inspired by the 2017 Uniform Parentage Act (UPA), this modern statute prioritizes intent over procedure, explicitly exempting donors from paternity without requiring physician involvement. This positions Minnesota among the most permissive states for informal AI, akin to North Dakota or Nevada, with its clarity enhanced by recent legislative updates as of March 2025.

Key Provisions:

• Definition of Assisted Reproduction:
  • Minn. Stat. § 257E.01, subd. 3 defines "assisted reproduction" as: "a method of causing pregnancy other than sexual intercourse," including: "(1) intrauterine or intracervical insemination; (2) donation of eggs; (3) donation of sperm; (4) donation of embryos; (5) in vitro fertilization and transfer of embryos; (6) intracytoplasmic sperm injection."
  • This broad scope explicitly includes at-home AI methods like intracervical insemination (ICI), with no physician mandate.
• Definition of Donor:
  • Minn. Stat. § 257E.01, subd. 8 defines "donor" as: "an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration," excluding: "(1) an individual who gives birth to a child conceived by assisted reproduction, except as provided in section 257E.50; or (2) a parent under sections 257E.30 to 257E.38 or an intended parent under sections 257E.40 to 257E.52."
• Donor Status and Paternity:
  • Minn. Stat. § 257E.15 states: "A donor is not a parent of a child conceived by assisted reproduction." This mirrors UPA 2017 § 702, offering a clear exemption without conditions like physician supervision.
  • Unlike restrictive states (e.g., Missouri’s § 210.824), this applies to informal AI if the donor lacks intent to parent.
• Legal Parentage:
  • Minn. Stat. § 257E.30, subd. 1 provides: "An individual is a parent… if the individual… consented to assisted reproduction by an individual who gave birth… with intent to be a parent."
  • Minn. Stat. § 257E.31 requires: "Consent… must be in a record signed by the individual giving birth and an individual who intends to be a parent." Per § 257E.30, subd. 2, courts may find consent via clear and convincing evidence of pre-conception intent or cohabitation with the child for two years while holding out the child as their own.
  • Donors are excluded absent intent, while biological paternity under Minn. Stat. § 257.55 applies only if intent shifts.
• Case Law and Precedents:
  • No Minnesota Supreme Court cases address informal AI under Chapter 257E as of March 2025, given its recent enactment. Pre-2024 cases under the old Parentage Act (e.g., In re Paternity of B.J.H., 573 N.W.2d 99, 1998) focused on biology, but post-2024 intent-based rulings are anticipated to align with § 257E.15, as seen in adoption cases like In re Adoption of T.A.M. (791 N.W.2d 573, 2010).
  • Comparisons to North Dakota (§ 14-20-60) reinforce Minnesota’s permissive stance, with judicial testing pending.
• Practical Considerations:
  • At-home AI is legally supported under § 257E.15, offering flexibility for informal donation. Donors face negligible paternity risk absent intent, a significant advantage over restrictive states.
  • Minnesota’s population (approx. 5.7 million) and urban-rural mix provide fertility access in Minneapolis-St. Paul, yet rural areas benefit from this permissive framework for informal AI.
  • The state’s progressive adoption of the 2017 UPA reflects a modern approach, though intent disputes could arise without clear records.
• Special Cases:
  • Unmarried recipients or same-sex couples benefit from § 257E.30’s intent-based parentage, with adoption (Minn. Stat. § 259.20) or acknowledgment (Minn. Stat. § 257.75) as options. Post-Obergefell (2015) equality aligns with this inclusivity.
  • Surrogacy is regulated under Minn. Stat. § 257E.40 et seq., but informal AI falls under broader donor rules per § 257E.15.

Recommendations:

• Written Agreements: Draft a signed pre-conception agreement per § 257E.31 to clarify donor non-parental intent and recipient parentage, enhancing legal certainty, though not required for donor exemption under § 257E.15.

Minnesota’s Minn. Stat. § 257E.15, effective August 1, 2024, and inspired by the 2017 UPA, provides a progressive, intent-driven framework for informal sperm donation, exempting donors from paternity without physician mandates. This permissive stance supports at-home AI with exceptional clarity, bolstered by optional signed records in a modern legal landscape.

Statutory Resources:

• Minn. Stat. - Chapter 257E: Parentage Act
• Minn. Stat. - Chapter 259: Adoption