Fertility Health Care Act decriminalizing paid surrogacy passes Michigan Senate committee • Michigan Advance

“Decisions about whether to have children, when to have them, and how to have them are deeply personal. Politicians should leave these personal decisions to families, doctors, and the people they love and trust. The governor should not dictate the terms of such decisions,” the governor said. “Michigan’s long-awaited Family Protection Act would eliminate criminal prohibitions on surrogacy, protect families formed through in vitro fertilization, and ensure equal treatment for LGBTQ+ parents. We are making some common sense changes. These changes will support parents in Michigan and ensure that all children are treated equally and have access to the law, regardless of the type of family their parents choose to build. We guarantee that you will be protected.”

The main bill in the package is HB5207, sponsored by state Rep. Samantha Stekloff (D-Farmington Hills). The law establishes the Assisted Reproductive Technology and Surrogate Parents Act, which sets standards for the creation of contracts that require the consent of the surrogate mother and parents.

Currently, Michigan is the only state in the nation with a criminal ban on surrogacy contracts.

To enter into a contract under this bill, a surrogate mother must be at least 21 years of age, have previously given birth to a child, complete a medical and mental health consultation, and be paid by the intended parents throughout the period. You must have independent legal representation of your choice at your expense. The entire process of creating a contract and fulfilling the terms of the contract.

Other bills package It aims to amend other parts of the law to reflect, among other things, the rights of children born through surrogacy in areas such as inheritance and access to their own birth certificates.

One of those who testified in favor of the bill was Emily Murray Joseph of Grand Rapids, who said she decided to serve as a surrogate mother in 2022 for a friend who was diagnosed with breast cancer several years ago and was unable to move. Ta. She herself had a baby due to cancer treatment. Murray-Joseph consulted with a therapist, social worker and a nurse at the fertility center, who gave her mental and physical health tests and she said she was ready to take the next step.

“After I was approved as a gestational carrier, I met with a lawyer to discuss the legal aspects,” she said. “Michigan provides no legal protection to any party to surrogacy. Of course, this was discouraging to say the least.”

Despite this, Murray-Joseph proceeded with the embryo transfer, continued appropriate prenatal care throughout her pregnancy, and was always in sole control of medical decisions regarding her body.

“I gave birth to a dear friend’s baby girl on March 13, 2023,” she said. “Delaney celebrated her first birthday yesterday with her mom and dad at home. Sadly, her parents decided to adopt her so she could be legally recognized as her mom and dad. I’m still waiting on the adoption process. After beating cancer, I’m faced with the reality that my long-awaited and beloved child is in legal limbo and there’s nothing I can do about it. Imagine doing that.”

Following testimony in November, the bill passed the Michigan House of Representatives along strict party lines, with every Republican voting against it.that partisan divide It has just been further opened up following the Alabama Supreme Court’s decision to grant personhood to unborn children. temporarily In this situation, IVF is stopped, but the following concerns arise. Legislative impact Nationally.

But Whitmer pointed out in her release that the bill passed Thursday contradicts that effort and puts Michigan in the lead.

“While other states find it difficult to start a family, Michigan is making it easier by expanding pregnancy options, improving maternal and reproductive health care, and investing in table issues that lower the cost of raising children. , free breakfast and lunch at preschool and school,” she said. “Once the Michigan Family Protection Act reaches my desk, I look forward to reviewing and signing it. We’re going to make it a great place to grow.”

Among those who testified against the bill was Linda Kingston, who had also experienced the pain of infertility and believed it was an exploitation that occurred to both the surrogate mother and the surrogate’s baby. He said he didn’t think it was justified.

“Commercial surrogacy involves bribing women to get them pregnant and it is very important to remember this,” she said. “Altruistic surrogacy is now legal in Michigan. Once commercial surrogacy begins, the worst problems begin. House Bill 5207 does not define the word compensation and there is no transparency. The law needs to state that no compensation will be given to my mother, her family and friends.”

He asked the committee not to vote on the bill but to rework it to provide better protections.

“From an ethical standpoint, children are a gift, not a right. Parenthood is a privilege, not a right,” Kingston said. “Commercial surrogacy must remain illegal.”

But Polly Crozier, director of family advocacy at GLBTQ Legal Advocates & Defenders (GLAD), said the bill was well thought out and based on best practice model legislation, known as the Act. Uniform Parentage Actoriginally dating back to 1973.

“The Uniform Parenthood Act was thoughtfully drafted by a bipartisan committee that included observers and stakeholders, including experts in medical ethics. The UPA has guided parentage law in the United States for more than 50 years.” she said. “It is child-centred and based on two fundamental principles: first, to eliminate discrimination against children based on birth status, such as in assisted reproductive technologies and surrogacy; It is about protecting the relationships we have with the people we know and love and who have served as our parents.”

Michigan is the only state to criminalize surrogacy contracts, but the bill aims to change that.

Crozier said having comprehensive and clear parent-child relationship rules that apply to all children promotes children’s well-being by establishing the source of all rights and responsibilities for a child’s life.

“The UPA therefore recognizes that all families, no matter how they are formed, deserve the protection and stability of the law,” she said.

Crozier also pointed out that the Alabama Supreme Court’s decision concluding that frozen embryos are legitimate children in the context of wrongful death effectively ends family-forming medicine in the state, even if only temporarily. did.

“I think this package shows how much Michigan supports children and families, because starting a family is a common goal for many people, and this bill… We can provide children and families with security in the relationships that matter most.”

All nine bills were then voted out of committee, each on a party-line 5-2 vote by the committee’s two Republicans, Sens. Jim Runestand (R-White Lake) and Ruth Johnson. Sen. (R-Holey) voted against it. . Mr. Runestand and Mr. Johnson each proposed several amendments to limit the law that they believed were too vague and could have unintended consequences, but each failed on a 5-2 vote. Ta.