Michigan Senate Advances Surrogacy Legalization Bill: Fertility Boost
TL/DR –
A Michigan Senate committee has approved a nine-bill legislation package, known as the Fertility Health Care Act, aimed at reforming the state’s surrogacy laws. The main bill would establish an Assisted Reproduction and Surrogacy Parentage Act, setting standards for creating contracts with surrogate parents. The bills now move to the full Senate for a vote, and if passed, Michigan, currently the only U.S. state with a criminal ban on surrogacy contracts, could significantly expand options for family building.
A New Dawn for Michigan’s Surrogacy Laws
A Michigan Senate committee has given the nod to legislation that seeks to overhaul the state’s surrogacy laws, otherwise known as the Fertility Health Care Act. This nine-bill package will not only remove current hurdles to surrogacy for Michigan families but also introduce protections for surrogates, parents, and children alike. The initial testimony was heard last week.
Among the supporters of these changes is Gov. Gretchen Whitmer, who commended the committee’s approval. The act aims to eliminate criminal prohibitions on surrogacy, uphold families formed by IVF, and ensure that LGBTQ+ parents get equal treatment. The changes are expected to support potential parents in Michigan and ensure every child is protected by law, regardless of how they were conceived.
The main bill (HB 5207) in the series, sponsored by state Rep. Samantha Steckloff, lays out the Assisted Reproduction and Surrogacy Parentage Act that sets standards for creating a contract and requires consent from surrogates and parents. Michigan stands as the only US state with a criminal ban on surrogacy contracts.
The proposed changes require a surrogate to be 21 or older, have previously given birth, have undergone a medical and mental health consultation, and have independent legal representation of their choice, paid for by the intended parents, throughout the contract creation process. Other bills in the package seek to adjust other parts of the law to encompass the rights of children born via surrogacy in areas such as inheritance and access to their birth certificates.
Despite the support, the bills have faced opposition. Linda Kingston, a testifier against the bills, argued that commercial surrogacy could lead to exploitation of surrogate mothers and babies. However, Polly Crozier from GLBTQ Legal Advocates & Defenders (GLAD) countered, stating that the bills were based on the Uniform Parentage Act, which is a child-centered, non-discriminatory model legislation.
All nine bills passed out of the committee on a party-line 5-2 vote. The two Republican committee members, Sens. Jim Runestand and Ruth Johnson, who proposed several amendments to limit what they saw as an overly vague law that could create unintended consequences, voted against them.
As other states make it difficult to start a family, Michigan is making it easier by expanding options for pregnancy, improving maternal and reproductive healthcare, and investing in issues that lower the cost of raising a child, such as free pre-K and free school breakfasts and lunches, Governor Whitmer said.
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