02-04-2025
‘Incredible victory' MI lifts ban on paid surrogacy, clears barriers
GRAND RAPIDS, Mich. (WOOD) — For decades, Michigan's anti-surrogacy policies have been among the nation's most restrictive.
It was a felony to pay a surrogate to carry an embryo, and couples fortunate enough to secure an uncompensated surrogate were often required to formally adopt their own biological children after birth.
It was 2019 when Target 8 first introduced you to a that was forced to endure the costly and invasive process of adopting their twins, created through in vitro fertilization, from the gestational surrogate who carried them on the couple's behalf.
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In the years since, a grassroots effort led by parents who endured the state's antiquated policies has pushed hard for change. On Tuesday, their efforts paid off when the Michigan Family Protection Act went into effect.
The act lifted the ban on paid surrogacy and removed barriers for couples who want to grow their families through IVF and gestational surrogacy.
In many cases, medical conditions preclude the parents from carrying an embryo to term, making gestational surrogacy their only option to produce children.
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Nine bills comprise the act, which also makes it easier and less costly to ensure proper recognition of parentage at birth.
'This is an incredible victory for all Michigan families formed through assisted reproduction, including IVF and surrogacy and for LGBTQ+ families,' said Stephanie Jones, founder of the Michigan Fertility Alliance, a leader in the push to modernize the state's outdated surrogacy stance. 'With this law, all Michigan families will now have equitable access to safe and secure parent-child relationships, and our state will have legal safeguards for family building through surrogacy, protecting all involved — parents, children and surrogates.'
legalize and regulate paid surrogacy and ensure fair compensation and legal representation for gestational surrogates, according to a news release from the Office of Gov. Gretchen Whitmer.
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'The package repeals an unjust ban that made Michigan the only state in the nation to criminalize surrogacy contracts, and better protects surrogates, parents and children so that more Michiganders have the support they need to start a family,' said Whitmer in the release. 'The Michigan Protection Act takes common sense, long overdue action to repeal Michigan ban on surrogacy, protect family formed by IVF, and ensure LGBTQ+ parents are treated equally.'
To act as a gestational surrogate, a woman must be at least 21 years old, have given birth at least once, undergone comprehensive medical and mental health screening and been assigned an independent lawyer to ensure their rights are protected.
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