Michigan Takes Historic Step, Legalizes Paid Surrogacy to Support Families

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By E.Baloyo , Parent Herald Apr 02, 08:18 am

Photo: (Photo : SARAH RICE / Getty Images)

Michigan legalizes paid surrogacy after Gov. Gretchen Whitmer signed a number of bills aimed at protecting and supporting families in the state.

Michigan has been the last state in America to legalize the act of surrogacy to ensure families are able to start a family on their own without political interference from the state. The package of bills that were signed intends to protect families from utilizing in vitro fertilization (IVF), to safeguard surrogates, and to protect parents of LGBTQ+ children.

Michigan Legalizes Paid Surrogacy To Support Families

On Monday, April 1, the Michigan Family Protection Act was signed by Governor Whitmer, who hailed it as a practical measure during an event in Royal Oak, Michigan. She emphasized its role in safeguarding families conceived through IVF and ensuring equitable treatment for LGBTQ+ parents.

The act underscores the growing significance of surrogacy, particularly for families confronting infertility challenges and same-sex couples seeking parenthood.

Governor Whitmer noted that Michigan's previous stance on paid surrogacy contracts was unique, as it was the last state in the country to criminalize such agreements.

While some states lacked explicit surrogacy regulations, the American Society for Reproductive Medicine highlighted its widespread acceptance.

The repeal of the ban on paid surrogacy marks a departure from archaic laws that threatened jail time and hefty fines for participants. Before surrogacy legalization in Michigan, the state's law punishes offenders with a year of jail time and a $10,000 fine.

Whitmer emphasized that these legislative changes prioritize the protection of surrogates, children, and parents, ensuring their freedom to pursue family-building endeavors without undue political interference.

The legislative package, comprising nine bills and presented to the governor on March 27 by the Michigan legislature, not only decriminalizes paid surrogacy but also establishes a comprehensive legal framework for surrogacy arrangements. It delineates parental rights for children born through surrogacy and sets guidelines for surrogate selection.

State Representative Samantha Steckloff, the driving force behind the legislative package, commended the Michigan Senate for its role in advancing these measures. She highlighted the bills' role in establishing a secure legal connection between parents and children conceived through assisted reproduction methods, underscoring their importance in ensuring clarity and fairness in surrogacy practices.

Future of Michigan Families After Surrogacy Legalization

Stephanie Jones, the founder of the Michigan Fertility Alliance, views the state's recent legislative changes as the culmination of extensive efforts over the years. Her personal journey, marked by a harrowing ectopic pregnancy in 2018 that nearly cost her life, led her to recognize the necessity of surrogacy for her own family planning. However, she encountered significant hurdles in pursuing this option within Michigan's legal landscape.

In response to the legislative developments, the American Society for Reproductive Medicine expressed gratitude towards the Michigan legislature for taking a crucial step in granting citizens access to essential family-building tools.

The Democratic-backed legislation has thrust Michigan into a broader national conversation regarding government regulations on reproductive healthcare, extending beyond discussions solely focused on abortion access.

As the state becomes a focal point in the 2024 presidential race, both political parties acknowledge the enduring importance of access to reproductive healthcare services as a decisive factor for voters.

Advocates are increasingly highlighting the interconnectedness between regulations on abortion and accessibility to fertility treatments, emphasizing the comprehensive nature of reproductive healthcare rights.