Paid Surrogacy Is No Longer Illegal In Michigan, Family Protection Act Signed
The law about surrogacy in Michigan changed on Monday. Surrogacy contracts or paid surrogacy are now allowed in Michigan. CNN reported that Michigan has become the last state to “decriminalize”…
The law about surrogacy in Michigan changed on Monday. Surrogacy contracts or paid surrogacy are now allowed in Michigan. CNN reported that Michigan has become the last state to "decriminalize" paid surrogacy. Governor Gretchen Whitmer signed a package of bills intended to protect families using surrogacy and in vitro fertilization (IVF).
Some people make welcoming a child into the world one of their top priorities. If a woman is unable to carry a pregnancy or become pregnant, surrogacy is an option. "Also called a surrogate, a gestational carrier is a woman who carries and delivers a child for a couple or individual," said Yale Medicine.
So, how does it work?
Surrogate mothers are impregnated through the use of IVF. According to Yale Medicine, in this process, doctors create an embryo by fertilizing eggs from the intended mother or an egg donor with sperm from the intended father or a sperm donor.
The legalities of surrogacy
The legal issues of surrogacy are under the jurisdiction of each state, and the legal situation varies greatly from one state to another. Surrogacy 365 reports that the states that allow surrogacy and where contracts are considered legal are California, Illinois, Arkansas, Maryland, Utah, and now Michigan among others.
"Some states have written legislation on the Surrogacy Act, while others have developed common law regimes to deal with surrogacy problems," they said. They added, "Some states facilitate surrogate pregnancy and the drafting of surrogate pregnancy contracts, others simply refuse to legislate, and some others penalize commercial surrogacy."
They also mentioned that in the states with a Surrogacy Law, commercial or "altruistic surrogacy" contracts can be made, and procedures are facilitated so that the ordering parents or parents of intention are recognized as the child's legal parents. Other states relatively allow surrogacy, but they only offer support to married heterosexual couples.
The Family Protection Act
Surrogacy itself isn’t illegal in Michigan, but contracted paid surrogacy was banned. Taking part in such a surrogacy contract resulted in a misdemeanor charge for participating parties in Michigan, punishable by up to one year in jail and a $10,000 fine. Organizing or assisting such an illegal contract is a felony punishable by up to five years in prison and a $50,000 fine, as reported by Michigan Advance.
CBS News reported that Tammy Myers fought to allow surrogacy contracts in Michigan. In 2015, Tammy Myers from Grand Rapids was diagnosed with breast cancer around the time she and her husband, Jordan, were looking to conceive a second child. Through a surrogate, they had twins, but because of the law at the time, the Myers had to go to court to adopt their biological children.
On Monday, Governor Gretchen Whitmer signed the Michigan Family Protection Act, aimed at protecting families who use IVF and ensuring LGBTQ+ parents are treated equally. The new laws protect the biological parents, the surrogate, and the child. The governor's office said the new law officially takes effect 90 days after the Legislature adjourns.
According to the Michigan Fertility Alliance, Over 300,000 Michiganders who want to have children can’t. One in six Michigan couples has trouble conceiving or carrying a pregnancy to term.
