LANSING, Mich. — The state of Michigan may soon see changes to its surrogacy laws as lawmakers in the House of Representatives pass a package of legislation aimed at updating the existing Surrogate Parenting Act. The Act, which was enacted on September 1, 1988, prohibits compensated surrogacy parenting in the state. However, after 36 years, lawmakers are now looking to repeal and replace this law with the Assisted Reproduction and Surrogacy Parentage Act.
If signed into law, House Bill 5207, which is the primary legislation in the package, would establish the new Act and repeal the current surrogacy law. The proposed legislation consists of three parts. The first part confirms that a consenting individual pursuing assisted reproduction is recognized as the parent. In addition, those who give birth can petition the family division of a circuit court to be legally recognized as the child’s parent. Lastly, the bill outlines procedures for determining parentage if the intended parent of a child conceived through assisted reproduction or surrogacy passes away during the process.
Proponents of the legislation argue that it would bring Michigan to the forefront of fertility healthcare access and support reproductive freedom for those struggling to conceive. They assert that the bills have garnered broad support from various stakeholders, including the infertility and LGBTQ communities, medical professionals, surrogates, and family law experts.
However, not all attendees of the discussion held by lawmakers on Thursday support the proposed legislation. Some individuals expressed concerns that the proposed laws deviate from the norm and lack guidelines for relationships in surrogacy agreements. Critics argue that these bills would allow individuals to intentionally create a child without clear criteria for their relationship or even an obligation to reside in the same household.
The package of legislation has only been passed by the Michigan House of Representatives, and before it can become law, it must also pass the Senate. If successful, the legislation would not only establish the new Assisted Reproduction and Surrogacy Parentage Act but also make amendments to other laws relating to birth certificates, criminal procedures, inheritance procedures, and parentage determination.
As the debate continues, it remains to be seen whether Michigan will join other states in modernizing its surrogacy laws or maintain the current restrictions.