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There is currently a petition on Change.org to have this law repealed.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it is imperative that the current Michigan Surrogacy law prohibiting all forms and agreements between parties should be repealed.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.