Will Proposed Bills Reverse Michigan’s Hostile Surrogacy Laws?

In the world of surrogacy and modern family-building options, Michigan has been notorious for having the worst laws in the country. In 1988, the Great Lakes State passed a law prohibiting and criminalizing(!) compensated surrogacy arrangements. That law remains in place today, and has led most Michigan residents who need surrogate-related family-building assistance to look for help outside of the state. For those — like Jordan and Tammy Myers — who have braved the altruistic (noncompensated) process of surrogacy within the state, they have faced lengthy legal headaches that force them to adopt their own children.

On September 21, 2022, Michigan legislators introduced a series of bills intent on bringing Michigan family-building in line with modern Michigander family-protection expectations. The bills, collectively, would remove criminal sanctions (with exceptions) and lay out a regulated and protected path to parenthood by noncompensated surrogacy. The changes are laid out over four bills:

The Main Bill — New Surrogacy Requirements. SB1177/HB 6392 repeals the 1988 law, and creates the new “Gestational Surrogacy Parentage Act” providing for specific requirements and protections for gestational surrogacy arrangements...