Michigan Senate seeks to repeal 1931 ban on unmarried cohabitation

 Michigan now has a more liberal senate than in 1931.  The Guardian has the story, about how even fossil repugnance dies hard:

Michigan Republicans fight effort to repeal ban on unmarried cohabitation. Law signed in 1931 is rarely enforced but carries penalty of prison time and $1,000 fine. by Erum Salam

"An attempt to repeal a Michigan law that punishes unmarried couples who live together is being thwarted by Republicans in the state legislature.

"The law, which dates to 1931, targets “any man or woman, not being married to each other, who lewdly and lasciviously associates and cohabits together”.

"It is rarely enforced but violations carry a penalty of up to a year in prison and a $1,000 fine.

"Senate Bill 56, which seeks to repeal the law, attracted support from all state senate Democrats and half of Republicans. But nine Republicans voted against.

...

"The bill now moves to the statehouse."

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Michigan Senate Bill 56: "Crimes: other; lewd and lascivious cohabitation; repeal prohibition. Amends sec. 335 of 1931 PA 328 (MCL 750.335)."

Surrogacy still repugnant (and illegal) in Michigan

Michigan is now one of only a handful of U.S. states that criminalize commercial surrogacy and/or don't recognize (or severely restrict) parental rights in gestational surrogacy. The NY Times has the story about Michigan resident surrogate parents of twins, from their own eggs and sperm, who have to jump through hoops to adopt them.

Couple Forced to Adopt Their Own Children After a Surrogate Pregnancy. Tammy and Jordan Myers will have to adopt their twins after two Michigan judges denied them parental rights because the children had been carried by a surrogate.  By Maria Cramer

"Twice, judges have denied their requests to be declared the legal parents of the twins, even though a fertility doctor said in an affidavit that the babies are the couple’s biological children. In separate affidavits, the surrogate and her husband have agreed that the Myerses are the parents of the twins.

"The Myerses have started the adoption process, which will entail home visits from a social worker, personal questions about their upbringing and their approach to parenting, and criminal background checks. They said they have already submitted their fingerprints.

...

In 2020, New York passed a law that lifted its ban against compensating women who act as surrogates. Louisiana prohibits compensating surrogates but recognizes agreements or contracts in which a woman has volunteered to be a surrogate, Mr. Vaughn said. The state allows such agreements only for married heterosexual couples.

"But Michigan has a far-reaching law that does not recognize any agreement with a woman who agrees to be inseminated or implanted with an embryo, he said. The law also does not recognize the parental rights of the intended parents.

...

"Under Michigan’s law, paying a woman to act as a surrogate is a felony punishable by up to five years in prison and a $50,000 fine, said Melissa Neckers, the lawyer for the couple.

...

"In 2015, the Myerses were trying to have a second child when Ms. Myers, 39, learned she had breast cancer. She immediately had her eggs harvested before undergoing multiple surgeries, including a partial hysterectomy and a bilateral mastectomy.

...

"In a post on Facebook, the couple described their story and need to find an unpaid volunteer who would be willing to help them have a baby. Ms. Vermilye, 35, who also lives in Grand Rapids, read the post and sent them a note saying she was interested.

“My husband and I had talked about how I had a gift of carrying and delivering very easily,” said Ms. Vermilye, who has a girl and a boy who are 6 and 9. “We felt like it was kind of unfair that we had it so easy and have friends and family that don’t."

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The United States Surrogacy Law Map.  State-by-State Gestational Surrogacy Law & Statutes

Is legal commercial surrogacy coming to New York and Michigan?

New York and Michigan are two states in which  surrogacy is illegal, but the winds of change are blowing, with new legislation that would legalize it introduced, but not yet passed.  (My understanding is that in both states, surrogacy contracts are presently unenforceable, and there are criminal penalties for commercial contracts.)

Possible changes in New York's surrogacy law are discussed in the New York Law Journal:

Surrogacy in New York: Boon or Bane?
By Harriet Newman Cohen and Kristen E. Marinaccio | July 27, 2018

"New York, like many other states, enacted legislation prohibiting surrogacy agreements following the heartbreaking drama of Baby M. Three decades later, New York is one of just four states1 that still bans surrogacy agreements—however, that soon may change. This article will discuss the proposed legislation known as the “Child-Parent Security Act of 2017” (CPSA) which would lift the ban on surrogacy agreements in New York. It will explore the subtle and not so subtle benefits and burdens that may ensue if the legislation is passed.
...

"Baby M’s Influence on N.Y. Law Makers
In the mid-1980’s, before Baby M, many states including New York were considering enacting legislation to regulate surrogacy agreements.2 By early 1987, a bill was pending in the New York Legislature.3 That same year, just across state lines, in New Jersey, an emotional legal battle was being waged against a traditional surrogate, Mary Beth Whitehead, when she refused to surrender “Baby M” to the intended parents, Elizabeth and William Stern.4 The dramatic media coverage of the Baby M case, which included images of the police forcibly removing the baby from Ms. Whitehead’s arms, quickly caught the public’s attention.5 By June, 1987, facing fierce opposition from feminist and religious lobby groups, a seemingly antithetical coalition, the pending bill in New York was withdrawn.6

"In 1988, the New York State Task Force on Life and the Law unanimously concluded that New York should discourage traditional and gestational surrogacy agreements.7 In 1992, the New York State Legislature adopted that recommendation, declaring all surrogacy agreements void and unenforceable.8"
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In Michigan, two bills introduced (but not yet passed):

SENATE BILL No. 1082 September 5, 2018, Introduced by Senators WARREN, ANANICH, CONYERS and YOUNG and referred to the Committee on Families, Seniors and Human Services.      A bill to establish gestational surrogate parentage contracts;  to allow gestational surrogate parentage contracts for  compensation; to provide for a child conceived, gestated, and born  according to a gestational surrogate parentage contract; to  prescribe the duties of certain state departments; to provide for  penalties and remedies; and to repeal acts and parts of acts.

The companion SENATE BILL No. 1084 provides for an appropriate birth certificate with the intended parents as the parents.