Our Plymouth family law attorneys at Steslicki and Ghannam PLC recently wrote about our excitement about Michigan lifting the nation’s only ban on paid surrogacy agreements. Now, we’d like to expand on what that means specifically for individuals and couples throughout Michigan who are looking to start or expand their families through paid surrogacy.
Here, we explain Michigan’s House Bill 5207 more comprehensively.
Michigan House Bill 5207 in Simpler Terms
While Michigan House Bill 5207 offers important legal protections, its length and complexity make it challenging to access the practical information our clients need quickly.
Here, we simplify the language and distill critical points to make navigating the Bill easier.
Michigan House Bill 5207:
- Repeals Michigan’s Ban on Surrogacy Contracts: Previously, Michigan was the only state in the U.S. that criminalized paid surrogacy contracts. House Bill 5207 repeals this ban, allowing intended parents and surrogates to enter into compensated surrogacy agreements legally.
- Establishes the Assisted Reproduction and Surrogacy Parentage Act: This new act provides a legal framework for surrogacy agreements, outlining the rights and responsibilities of all parties involved, including intended parents, surrogates, and the child.
- Legal Recognition of Intended Parents: The bill ensures that intended parents are recognized as the child’s legal parents from birth. This eliminates the need for post-birth court rulings to establish parental rights, providing legal certainty and reducing legal hurdles for parents.
- Protects All Parties Involved in Surrogacy: The bill creates legal safeguards for intended parents, surrogates, and children involved in surrogacy arrangements. These protections ensure that all parties’ rights are respected and that the agreements are enforceable under Michigan law.
- Includes Protections for LGBTQ+ Families: The legislation ensures that LGBTQ+ parents are treated equally in surrogacy agreements and assisted reproduction, granting them the same legal protections and recognition as other families.
- Ensures Compliance with Legal and Ethical Standards: The new law mandates that surrogacy agreements comply with established legal and ethical standards, ensuring the safety and security of the process for all involved parties.
- Streamlines the Surrogacy Process: The bill simplifies the process by removing the legal prohibition on paid surrogacy and providing clear guidelines, saving intended parents time, money, and potential legal complications.
This bill marks a significant shift in Michigan’s stance on family planning and surrogacy, creating a more supportive legal environment for those seeking to grow their families through assisted reproduction.
Crucial Sections of House Bill 5207
All sections of Michigan House Bill 5207 are crucial because they work together to establish a comprehensive legal framework for surrogacy, ensuring clarity, fairness, and protection for all parties involved.
However, sections 301, 302, and 303 are particularly relevant to family law, as they directly address the enforceability of surrogacy agreements, the legal responsibilities of intended parents and surrogates, and the financial arrangements that can be made.
These sections provide the foundation for creating enforceable contracts, specifying compensation and responsibilities, and determining parentage, all essential in family law cases involving assisted reproduction.
By clearly defining these aspects, these sections help prevent disputes and protect the rights of both surrogates and intended parents, including:
- Section 301: Establishes that a surrogacy agreement that complies with the requirements outlined in this part of the bill is enforceable. It underscores that the agreement must be in writing and signed by all parties involved. The agreement also must outline the responsibilities and expectations of the surrogate and the intended parents, ensuring legal clarity and protection for all parties.
- Section 302: Highlights that a surrogacy agreement may provide for compensation to the surrogate. This section makes it clear that the surrogate can be compensated for carrying the child and reimbursed for medical and other reasonable expenses related to the pregnancy. The agreement must include provisions that protect the surrogate’s right to choose a healthcare provider and her ability to terminate the contract under certain conditions.
- Section 303(2)(a): If a surrogacy agreement does not fully comply with all the requirements in this part of the bill, a court will determine parentage based on the parties’ intent. This section also provides that the surrogate, even if the agreement is not fully compliant, will not automatically be considered the child’s parent unless otherwise determined by the court. This helps protect the intended parents’ rights, even if minor agreement details are not perfectly aligned with legal standards.
Contact Our Skilled Family Lawyers in Plymouth Today
Officially, Michigan House Bill 5207 will not be enacted into law until Spring 2025. If you have questions about surrogacy planning and would like to be ready to move forward once the law is enacted, contact our dedicated Plymouth family law attorneys today for guidance on how to effectively start or grow your family through surrogacy.
