For decades, Michigan's surrogacy laws have been some of the most restrictive in the nation, even making it a felony to pay a surrogate. However, that all changed recently as the state lifted the ban on paid surrogacy, opening new doors for couples looking to grow their families.

In 2019, we shared the story of a West Michigan couple forced to navigate the complex and costly process of adopting their biological twins from their gestational surrogate. This experience was not just financially draining; it was emotionally taxing, highlighting the inadequacies of Michigan's surrogacy laws. The couple's journey was a stark reminder of how outdated policies can affect families.

Fast forward to today, and thanks to a grassroots effort from parents and advocates, the Michigan Family Protection Act is now in effect, allowing paid surrogacy and removing significant barriers for couples who use in vitro fertilization (IVF) and gestational surrogacy. This law aims to ensure that no family in Michigan has to endure the same struggles as those before them.

A Long-Awaited Change

The change in law comes as a relief for many families who face medical conditions preventing them from carrying a child to term. With gestational surrogacy often being their only viable option, the new legislation provides a structured and regulated environment for all parties involved.

Under the new law, nine bills have been enacted to regulate paid surrogacy and ensure fair compensation and legal representation for surrogates. This means that individuals acting as surrogates must meet specific criteria, including being at least 21 years old, having previously given birth, and undergoing comprehensive medical and mental health screenings.

One of the key advocates for this change is Stephanie Jones, founder of the Michigan Fertility Alliance. She expressed her elation at the new law, stating, “This is an incredible victory for all Michigan families formed through assisted reproduction, including IVF and surrogacy, and for LGBTQ+ families.” With this law, families will now have equitable access to safe and secure parent-child relationships.

Governor Gretchen Whitmer also emphasized the importance of this legislation, noting that it repeals an unjust ban that made Michigan the only state to criminalize surrogacy contracts. The law aims to protect surrogates, parents, and children, ensuring Michiganders have the support they need to start families.

What Does the New Law Entail?

The Michigan Family Protection Act outlines several critical components:

• Legalizes and regulates paid surrogacy.
• Ensures fair compensation and legal representation for gestational surrogates.
• Makes it easier and less costly to recognize parentage at birth.

These changes are monumental, as they not only protect the rights of intended parents but also safeguard the well-being of the children born through these arrangements. For many families, the previous laws felt like a slap in the face, forcing them into a degrading adoption process for their biological children.

Real Stories, Real Impact

The impact of these changes is already being felt. Couples like Jordan and Tammy Meyers, who gained national attention after facing legal hurdles regarding their twins, now see hope in the new legislation. Jordan reflected on their journey, saying, “Knowing that our story may have been a part of something good like this is a silver lining.”

The law not only addresses the needs of couples facing infertility but also recognizes the rights of LGBTQ+ families, ensuring that everyone has a fair chance at parenthood.

The enactment of the Michigan Family Protection Act marks a significant milestone in the state's history. It brings hope to many families who have long struggled under outdated and unjust laws. As Michigan steps into a new era of surrogacy, it sets a precedent for compassion, understanding, and support for all families.

If you're considering expanding your family through surrogacy, now is the time to explore your options. Contact us to take the first step.