Michigan Governor Gretchen Whitmer signed legislation repealing the state’s ban on compensated surrogacy agreements.
The 1988 law had criminalized paid surrogacy with up to a year in jail and a $10,000 fine.
“[This] is a package of common sense, long overdue changes to remove criminal prohibitions on surrogacy, to protect families formed by IVF (in vitro fertilization) and to ensure LGBTQ+ parents are treated equally,” Whitmer said.
Until now, Michigan was the only state that criminalized paid surrogacy contracts. Today, with help from our partners in the legislature, we're repealing that unjust ban, so you have the freedom to start your family without political interference. pic.twitter.com/xafdKEOoup
— Governor Gretchen Whitmer (@GovWhitmer) April 1, 2024
The new law establishes legal parent-child relationships for children born through surrogacy and in vitro fertilization.
“Our outdated law prescribed up to a year of jail time and a $10,000 fine for paid surrogacies,” she added.
It sets requirements for surrogates like being at least 21 years old and having had a previous pregnancy.
However, it does not place restrictions on intended parents or address abortion.
The bill’s aim is to “create a clear, legal link between parents and the children born in assisted reproduction,” Rep. Samantha Steckloff said.
“Whether using surrogacy or IVF, ensuring that a legal parent-child relationship exists will give children more sense of belonging and upbringing and eliminate any possible confusion around parentage and prevent bad actors from making undue claims,” Steckloff said.
“Specific performance is not a remedy available for breach by a surrogate of a provision in the agreement that the surrogate be impregnated, terminate a pregnancy, or submit to medical procedures,” the bill states.
Critics argue commercial surrogacy risks exploiting economically vulnerable women, while supporters say it provides options for families.
The law will take effect later this year after the legislative session.
“History has shown us that the buying, selling and renting of their bodies does great harm to women,” the National Organization for Women stated.
“Altruistic surrogacy agreements rely fully on consent. Women choose to become surrogates solely on the condition that they want to help someone build their family and they are not forced to continue with surrogacy plans in order to make a living. But commercial surrogacy changes the reality of consent. Once for-profit agencies and large sums of money are involved, women may be drawn into surrogacy due to financial desperation, a choice made when there are no other choices.”
“Commercialized surrogacy industries in other countries have a reputation for coercing poor and vulnerable women into contracts. Even when protections exist, they are incredibly difficult to enforce. A steady supply of women’s bodies is needed in order to meet the demands of rich couples who can afford to pay extravagant fees to agencies,” they stated.
