Whitmer signs law decriminalizing paid surrogacy

LANSING, Mich. (WLNS/WOOD) — Gov. Gretchen Whitmer on Monday signed into law new regulations allowing for paid surrogacy contracts in Michigan.

Michigan became the last state in the U.S. to lift the ban on such contracts when the governor signed the package of bills during an event in Royal Oak.

“I am so glad to be able to make this happen today,” Whitmer said. “I’m going to sign the Michigan Family Protection Act. It is a package of common-sense, long-overdue changes to remove criminal prohibitions on surrogacy. It’s to protect families born by IVF (in vitro fertilization) and to ensure LGBTQ+ parents are treated equally.”

The new laws set standards to protect the biological parents, the surrogate, and the child. Surrogates would have to meet rigorous standards, including being at least 21, having given birth to at least one child, having undergone medical and mental health evaluations, and having legal representation independent of the intended parents.

Activists with the Michigan Fertility Alliance who work with surrogacy and helped to craft the legislation say around 5% of women can meet these standards, which are in place to avoid any complications that could come up.

They add that Michigan laws now contain some of the most comprehensive protections in the country for surrogacy.

“Being the last state in the country to have a criminal ban on surrogacy, we were able to look at what has been done in all the other States and work with some of the very best experts on this topic to write the best possible language,” said Stephanie Jones, founder of the alliance.

The ban on paid surrogacy was a holdover from the mid-1980s ‘Baby M’ case in which a surrogate decided she wanted to keep the baby, which led to a legal battle that made national headlines. Back then, the egg used in pregnancy was that of the woman who carried the baby. But technology has changed since then and now, the surrogate often uses an implanted egg from the biological mother. With the law unchanged, it meant that parents still had to go through the lengthy and costly process of legally adopting their own biological children.

That’s what happened to Tammy and Jordan Myers of Grand Rapids, whose twins were carried by a gestational surrogate and born in 2021.

“(Tammy Myers) testified how she had a hard time establishing custody because her children were both born premature and through a surrogate,” Whitmer said. “Although she did eventually get custody, the trauma stays with her. I mean, can you imagine not being able to have your name on your child’s birth certificate, not being able to put them on your health insurance? Can you imagine holding your child and being told that child’s not legally yours? It’s wrong. And today, for her and so many others, we’re going to be making it right.”

She turned to Myers, standing behind her, and hugged her.

Whitmer said that the new rules allow women and same-sex couples to seek options to have a child, calling it “the most pro-family thing this Legislature’s been able to get done.”

The Democratic governor framed the new law as part of a push to support reproductive freedom, suggesting that if Republicans regain control in the White House and U.S. Senate after the November election, they could attempt to ban abortion nationally or outlaw IVF. Democrats are making reproductive freedom a key platform issue. Republicans are pushing immigration as a primary concern.

The Michigan House passed the bills in November and Senate last month, sending them on to Whitmer for her signature.

This new law means Michigan will join about a dozen other states that already have laws on the books in favor of *paid* surrogacy contracts.

However, the practice has been criticized by many in the U.S. and around the world.

Most countries ban paid surrogacy, claiming that it promotes a power imbalance between women and rich couples.

What makes Michigan different is the strict regulations to keep everything fair and equitable, activists say.

“There are guidelines in place, including equal and separate legal representation,” said Stephanie Jones, founder of the Michigan Fertility Alliance. “That’s along with many other safeguards to make sure that that power and balance is obviously equal for all parties.”

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