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.

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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.

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"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.

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"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.

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"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