At Steslicki & Ghannam, our Plymouth family law attorneys are excited to report that as of April 1, 2024, Michigan Governor Gretchen Whitmer signed bills expanding options for those who wish to have children but cannot do so through traditional means, finally lifting the nation’s only ban on compensated surrogacy agreements.
Although the bill was passed in April, it will not take effect until 90 days after the legislative session ends late 2024. Officially, it will not be enacted into law until Spring 2025.
The Michigan Family Protection Act is a package of commonsense bills that make it easier for Michiganders to start a family, save time and money on government paperwork, and be treated equally under the law. The package repeals an unjust ban that made Michigan the only state in the nation to criminalize surrogacy contracts and better protects surrogates, parents, and children so that more Michiganders have the support they need to start a family.
“The bills are long overdue changes to remove criminal prohibitions on surrogacy, to protect families formed by IVF (In vitro fertilization), and to ensure LGBTQ+ parents are treated equally,” Whitmer said at an event in Royal Oak marking the bill signing.
What Provisions are Included in the Michigan Family Protection Act?
The Michigan Family Protection Act comprises nine bills—House Bills 5207 through 5215. Together, these bills support parents, children born through surrogacy or IVF, and LGBTQ+ parents who deserve to be treated equally.
Specifically, the bills will:
- Legalize and regulate surrogacy, allowing Michiganders to have children in an environment that protects the children, the parents, and the surrogates.
- Align with the best practices by ensuring that individuals who serve as surrogates are fairly compensated, have their legal representation, and are screened by medical professionals before agreeing.
- Ensure children born by surrogacy and assisted reproductive technology (including IVF) are treated equally under the law.
- Change outdated state law to treat LGBTQ+ families equally and eliminate the need for them to go through a costly and invasive process to get documentation confirming their parental status. Even if they move to a state that does not respect these fundamental rights, these bills help ensure they cannot be denied their relationship to their child.
- Make it easier and cheaper for all Michigan families to get formal recognition of their parental relationship with their children.
Contact Our Skilled Family Lawyers in Plymouth Today
If you are seeking legal advice to pursue a surrogacy agreement, we can help you develop a comprehensive plan covering all aspects of this important decision so you can move forward with confidence. Contact our skilled family lawyers in Plymouth today to protect your legal rights and options while you grow your Michigan family.
