For the last 30 years, Michigan residents looking to become parents via surrogacy have faced significant legal hurdles, including, in severe cases, jail time. State laws banned compensation for surrogacy and the use of contracts. Couples looking to grow their families via surrogacy had to seek a pre-birth order to ensure their parental rights. Even still, the decision lay in the hands of the judge. If an order was not granted before birth, parents faced an uphill battle, often requiring them to adopt their own biological children.
Stephanie Jones, founder of the Michigan Fertility Alliance, and her husband opted for surrogacy when she almost died from an ectopic pregnancy in 2018. However, because of the criminal ban on surrogacy, they decided to have their second child out of state. Like Jones, The Kamers went a similar route and became parents to their first child via an out-of-state surrogate. Alex Kamer’s congenital heart defect made it unsafe for her to carry children. However, with a friend serving as a surrogate for their second child, the couple stayed in-state. They were able to successfully obtain a pre-birth order, which allowed them to walk out of the hospital with their newborn in their arms.
As of April 2024, Michigan parents will no longer face these legal barriers.. Governor Gretchen Whitmer signed a package of laws that made the surrogacy ban a thing of the past. The new legislation increases safeguards for invitro fertilization, provides additional protections for LGBTQIA+, and does away with the ban on surrogacy contracts. Michigan was the last state to eliminate such legislation.
SOURCES
https://www.nbcnews.com/politics/politics-news/michigan-ends-ban-surrogacy-contracts-rcna145836