Michigan is a state in flux with significant legal changes potentially on the horizon, specifically in the arena of surrogacy and assisted reproductive technology laws. Year after year, Michigan’s surrogacy and parentage laws have been deemed outdated compared to other states in the country. However, the tide might be turning, and a much-needed change could be imminent this legislative session as the legislature is considering compelling narratives that emphasize the harm these current laws pose on families and children. (Read More)
The roots of this issue trace back to the late 1980s, when the notorious Baby M Case led to a flurry of anti-surrogacy laws in several states, including Michigan. Over the subsequent decades, assisted reproductive technology has advanced significantly and many states, shaken by the Baby M case, reversed their previous standpoints. As it stands, Michigan is the lone state in the United States where surrogacy is still considered a criminal act.
The proposed shift in Michigan’s laws is titled the Family Protection Act (HB5207-5215), a comprehensive package of bills aiming to revise the state’s laws on the legal parent-child relationship in the context of assisted reproduction and surrogacy. This includes provisions for the rights and protections of donors, surrogates, intended parents, and children. The grassroots organization, the Michigan Fertility Alliance, has been instrumental in pushing this bill forward, collaborating with local and national experts to ensure a thorough and robust set of protections for Michigan’s families who turn to assisted reproduction. (Details on HB5207)
The surrogacy legislation proposed carefully follows the language of the uniform parentage act, providing significant safeguards for all parties involved. It sets out clear criteria for both surrogates and intended parents as well as assures the surrogate’s autonomy over decisions regarding her health and the pregnancy. Furthermore, all parties have the right to terminate their agreement before embryo transfer without facing any penalties.
These reforms aren’t only about surrogacy—the laws around fertilization treatments, including donor egg, sperm, and embryo donations currently lack any clear legal framework. With the Family Protection Act passing through the Michigan House of Representatives, there is hope that these loopholes can be bridged and that Michigan can catch up to the rest of the nation in prioritizing and legally acknowledging assisted reproduction. If all goes well in the Senate, and subsequently at the governor’s desk, this could mean a seminal shift for countless families across the state.