Michigan Steps into The Future By Passing Bill to Legalize Surrogacy

Co-Authored by Dr. James Grifo, MD, PhD

The right for people to be in charge of their reproductive and family destiny is paramount to the freedom of not only Michiganders but to all Americans. As Michigan repeals a draconian law criminalizing paid surrogacy, it sets forth a new law aimed at providing protections to all involved parties.

We salute the Michigan champions of reproductive rights who have triumphed in passing the Fertility Health Care Act (House Bill 5207), a nine-bill package that protects the rights of all people in Michigan to build a family through assisted reproduction, including surrogacy. Not only does this bill repeal the Surrogate Parenting Act, 1988 PA 199, 12 MCL 722.851 to 722.863, that makes surrogacy illegal, it generates a comprehensive framework for surrogacy in Michigan including outlining requirements for surrogates and intended parents, specifying conditions for agreements, and detailing legal procedures and remedies. Once Governor Gretchen Whitmer signs the bill, paid surrogacy in Michigan will soon be legal.

Michigan Rep Samantha Steckloff (D-Farmington Hills), the lead sponsor of the bill, told us, “Today marks a resounding victory for all Michiganders. We have been working tirelessly on this legislation for years, so I’m thrilled that these bills have finally passed both the House and Senate. Once these bills are signed into law, we will be set to protect Michiganders’ rights to decide when and how to grow their family — an achievement made possible by the hard work and dedication of all those who supported this effort. These laws will not only protect the rights of patients and medical professionals, but also pave the way for countless families who rely on IVF as their path to parenthood. As we celebrate this victory, let’s continue to advocate for reproductive autonomy and ensure fertility treatments are accessible to all who need them.”

Three years ago, New York legalized paid surrogacy after a 30-year battle. I co-authored an op-ed with James Grifo, MD, PhD, advocating for Michigan to emulate New York’s example, by legalizing paid surrogacy and empowering residents to build families without fear or hindrance.

At the same time, Michiganders Tammy and Jordan Myers should have been celebrating the birth of their twins through surrogacy. Instead, they were compelled to wage a battle to establish parentage of their biological children. With the assistance of their reproductive lawyer, Melissa Neckers, they courageously confronted this challenge and became the driving force for change, tirelessly working to reform repressive laws. Now, following an arduous legal struggle led by the Myers, Neckers, Steckloff, the Michigan Fertility Alliance and numerous other reproductive rights advocates, Michigan stands on the brink of turning this vision into a reality.

Tammy Myers extends her deepest gratitude for the champions of this bill, stating: “As the family who became the worst-case scenario in grappling with the hurdles posed by Michigan’s outdated surrogacy laws, the passage of these bills instills a deep sense of hope in me. This milestone marks a significant stride forward for Michigan families who may one day confront the same journey of infertility, perhaps stemming from cancer, as we have. These new laws offer assurance and protection for families, carriers, and, most crucially, children. Moreover, they provide much-needed clarity for legal professionals, judges, hospitals, and insurance providers.”

Assisted Reproduction Attorney Melissa Neckers adds, “The passage of these bills is an extraordinary step forward for Michigan families who are experiencing fertility difficulties. These new laws will give certainty and protection to families and much needed clarity to attorneys, judges, hospitals, insurance companies and so many more. After 8 years of working to make this happen, I am so grateful to the legislators and all the others who worked behind the scenes to finally push this over the finish line.”

Hopeful parents Kyle and Randy also faced legal complexities in Randy’s home state of Michigan as they were preparing to embark on a surrogacy journey. Despite initial plans to start a family in Michigan with the help of a surrogate, they discovered late in the process that Michigan’s surrogacy laws were unfavorable, making in-state parentage difficult and paid surrogacy illegal.

“We were shocked. We knew we could not risk our family. We had to pursue surrogacy in another state.” Realizing the need for legal support, I am gratified they decided to turn to my agency, ConceiveAbilities. Working with us, they were matched with a surrogate in Colorado and successfully welcomed their healthy baby boy.

For thousands of people who are unable to carry a child like Kyle and Randy and the Myers, those for whom surrogacy is the only method by which they can have biological children, laws in Michigan will no longer create roadblocks that get in the way of surrogate-assisted births.

Dr. James Grifo, Program Director at NYU Langone Fertility Center and Chief Executive Physician at Inception Fertility, applauds the act, “Michigan’s step to decriminalize gestational surrogacy is a necessary step to ensure all people in Michigan have a path to build a family. It recognizes the reproductive parental rights of Michigan families and their gestational carriers for safe and equitable family building.”

So congratulations to Michigan for at last enacting legislation that steps forward into the future and helps all hopeful people build families.

Fontes is the Founder and Executive Chairman of ConceiveAbilities and Grifo is the Program Director of NYU Langone Fertility Center and Chief Executive Physician at Inception Fertility.