Surrogacy Is Illegal In Michigan But That Could Soon Change

Michigan is currently the only state in the US that criminalizes surrogate motherhood, but that law may be about to change.

Michigan Law Prohibits Surrogacy

Under current Michigan law, signing a paid surrogacy contract is illegal. Doing so is a misdemeanor, punishable by up to one year in prison and a $10,000 fine. Additionally, arranging a surrogacy contract is a felony, punishable by up to five years in prison and a fine of $50,000.

Michigan is the only US state with criminal penalties for paid surrogacies. The decades-old law was put in place to protect women from human trafficking, a problem that has become rampant in Michigan.

A Michigan Couple's Fight to Adopt Their Own Children

Tammy and Jordan Myers' battle began after the birth of their twins in 2021.

Tammy's eggs had been harvested before she underwent an aggressive treatment for breast caner after the birth of their first child. When the Grand Rapids couple decided to expand their family, Jordan's sperm was used to fertilized Tammy's eggs, and pregnancy was carried out by a gestational carrier.

But the couple's situation grew more complicated when their twins arrived eight weeks early - before all the pre-birth paperwork cold be finalized.

Although the couple's surrogate was not fighting for custody of the babies, she and her husband were listed as the babies' parents on their birth certificates.

Michigan Couple Legally Adopts Their Own Biological Children

It took nearly two years, but in 2022, the Myers were granted the right to adopt and become the legal parents of their own biological children.

The couple then began advocating for legislation that would update Michigan's surrogacy laws.

New Legislation Could Change Michigan Law

A series of bills that would pave the way for legal surrogacy in Michigan has already gained approval from the Michigan House.

The Assisted Reproduction and Surrogacy Parentage Act would provide protection for surrogates, parents, and children.

In the video below from WZZM-TV, Tammy Myers testifies before a Michigan Senate committee, in hopes that the Michigan Senate will also grant approval, ending Michigan's 36-year ban on paid surrogacies.