Lawmakers in Lansing heard testimony Thursday on expanding parental rights for those having children through surrogacy and in-vitro fertilization.
Currently in Michigan, families pursuing surrogacy and IVF may have to legally adopt their child after birth, sometimes leading to complications in the process.
In 2021, Michigan couple Tammy and Jordan Myers had two children through a surrogate. The twins were born several weeks early, before the parents’ pre-birth order giving them legal rights to the children was approved.
The Myers had to wait nearly two years to legally adopt their children before their names could appear on the children’s birth certificates.
“In the early hours of their lives, we had no life-saving medical decision making power for their care. Amidst the beeping of machines and the hushed whispers of medical staff, we watched helplessly as medical bills piled up, our financial burdens mounting with each passing day,” Tammy Myers said at the hearing. “Forced to navigate a maze of legal complexities, we found ourselves thrust onto the agonizing path of adoption, a journey that brought sorrow, injustice, and outrageous costs.”
The Myers were able to adopt their children in late 2022, but tammy said that the scars still remained for their family. Now, lawmakers are pushing for changes to Michigan’s assisted pregnancy laws that would simplify this process, giving intended parents a straightforward path to legally claim their children.
Rep. Samantha Steckloff, a sponsor of the bills, has detailed her experiences with chemotherapy and resulting infertility. She says these laws would save
“People are being forced to adopt their children and the intended parents are not getting the rights of their child,” said Steckloff, D-Farmington Hills. “So this is a streamlined process to make sure that every child born through assisted reproduction has a right to their parents.”
The legislation would also allow the use of surrogacy contracts, which could be legally binding and involve a payment. Michigan currently has a criminal ban on surrogacy contracts, the only state in the nation with such a law. Under the proposals, surrogates entering a contract would need to be at least 21 years old and have already had at least one child.
This change spurred objections from opponents of the legislation who said allowing money into the equation would result in the exploitation of women and raising concerns about possible acts of human trafficking.
“On the surface, allowing paid surrogacy contracts may seem like an avenue for infertile couples to have children. But there’s a lot more to these bills than simply aiding couples in expanding their families,” said Genevieve Marnon, legislative director of Right to Life of Michigan. “Our current law strikes a good balance between protecting vulnerable women and children while allowing infertile couple options to expand their families.”
Steckloff dismissed many of these concerns, saying that protections for women and children would remain under other Michigan laws
The bills passed the House last year with party-line support from Democrats. The package still needs to be approved by the Senate Civil Rights, Judiciary and Public Safety Committee before going before the full chamber.
