Michigan legislators are taking steps to protect IVF and overturn a ban on commercial surrogacy.
Nine new bills, collectively called the Michigan Family Protection Act, have been passed by Michigan's Senate. The bills aim to protect access to fertility care and repeal the state's restrictions on paid surrogacy.
'Decisions about if, when, and how to have a child are deeply personal' said the state's Governor, Gretchen Whitmer, who is expected to sign the bills into law. 'Politicians should not be dictating the terms of these private decisions that should be left to a family, their doctor, and those they love and trust.'
Surrogacy is not banned in Michigan, but it has been illegal for payment to be involved since 1988. Additionally, parents whose children are born via surrogacy need to go through an adoption process to become their children's legal parents.
'Despite being their biological parents and having no opposition to the parentage from our carrier and her husband, my husband and I were denied the rightful recognition on the twins' birth certificates' said Tammy Myers whose twins were born through surrogacy. 'In the early hours of their lives, we had no lifesaving medical decision-making power for their care.'
The new legislation would also protect intended parents and their children born through surrogacy or assisted reproduction, ensuring they have access to social security benefits and inheritance rights. Furthermore, LGBTQ+ families would not need to go through a 'costly and invasive process' to legitimise their legal rights as parents.
The Act will amend also require surrogates to be 21 or older, have previously given birth to at least one child, have a medical and mental health consultation, and have access to independent legal representation before entering into any commercial surrogacy arrangement.
In 2022, the 'right to make and effectuate decisions about all matters related to pregnancy' became a constitutional right in Michigan. However, this decision and the Michigan Family Protection Act, have faced opposition from groups such as Right to Life of Michigan, who commented:
'Altruistic surrogacy has always been legal in Michigan. Unfortunately, the current bills create a commercial surrogacy industry which puts women without means at a disadvantage and risks creating a market in which children are a currency'.
In the meantime, other states in the USA are debating reproductive rights. Last week, Oklahoma introduced a bill which would restrict the use of 'abortion-inducing drugs' and assign the rights of legal personhood 'from the moment of conception'.
Sources and References
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House Bill 5207 (2023)
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Michigan Senate votes to overhaul state surrogacy laws
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New Michigan bill would legalize contracted surrogacy, open option to families
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Advocates celebrate as Michigan moves closer to legalizing paid surrogacy contracts
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Michigan Senate passes bills to end state ban on compensated surrogacy
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Oklahoma legislators might repeat Alabama’s mistake. A new bill would block access to IVF.
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