The State of Michigan currently has a law in effect which prohibits the use and act of Surrogates and Gestational Carriers.
Michigan has very strict laws prohibiting surrogacy contracts. State law not only holds these agreements unenforceable, but also imposes fines (up to $50,000.00) and jail time (up to five years) on anyone who enters into such a contract.
Michigan courts have upheld the validity of this law. In one 1981 case, individuals involved in compensated surrogacy agreements challenged the constitutionality of statutes barring the exchange of money or other consideration in connection with adoption and related proceedings. In a very short opinion, a Michigan Court of Appeals concluded that state regulation of adoption in this manner does not infringe on individuals’ federal constitutional due process right to procreation.
There is currently a petition on Change.org to have this law repealed. The petition is urging the State of Michigan Supreme Court as well as Michigan Gov. Rick Snyder to repeal this law on the basis that it is a discriminatory law.
The petition states –
“It discriminates against Michigan’s LGBT citizens from starting a family and having biological children. Since Michigan has a same-sex marriage ban in the state’s constitution since 2004, it makes it almost impossible for Michigan’s LGBT citizens to adopt children. Since LGBT relationships are not recognized legally, any adoption would be a single parent adoption, therefore nearly impossible to approve. This is why it is imperative that the current Michigan Surrogacy law prohibiting all forms and agreements between parties should be repealed. Not only is the law incredibly discriminatory against Michigan’s LGBT citizens, it is also unneeded Surrogacy does not exploit woman nor does it make children a commodity. It allows woman to give the gift of life to a loving, nurturing and stable couple. Please consider this petition and all the voices who agree with me which are represented by each signature on this petition.”
The petition currently has 115 supporters.
4 thoughts on “Petition to Amend Michigan’s Non-Surrogacy Use Law Underway”
My wife and I live in Michigan and are also impacted by these archaic laws. We are currently navigating the gestational carrier process here in Michigan, and it has been a very cumbersome and belittling process at times. My heart goes out to any LGBTQ person living in Michigan attempting to go through this process. I can only imagine the amount of discrimination they may face.
My husband and I are starting the process of using a gestational carrier, I would love to chat or get any advice you guts may have.
Thank you, Jen
Hi Jen, we are more than happy to share our journey. Our daughter was born in January 2014, via gestational carrier. We had to hire an attorney to obtain a pre-birth order, allowing my wife and I to gain all parental rights, and for our names to be listed on the birth certificate as the biological parents. However, even with our court order established, the hospital lawyers tried to block us after the birth. In the end, we won, but it was a very unnecessary stress put on all of us (gestational carrier as well). Do you live in Michigan? let me know if you would like more info.
My husband and I are just getting ready to start this process. I am wondering where in Michigan you were from and if there was any advice that you may have for us. My friend is willing to have my husband and I’s child but we are not getting any advice from anywhere.