Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, October 2, 2021

Michigan Grassroots Grow Efforts To Reverse Surrogacy Ban

From Above the Law:

Michiganders are organizing to have their voices heard on the state’s more than 30-year-old surrogacy ban. On August 26, the Michigan Fertility Alliance met to prepare for an advocacy day scheduled for September 22, 2021.

The group is focused on educating Wolverine State legislators on the unique –- not in a good way –- status of Michigan law when it comes to family building options. The members and their supporters say that, despite what may have been good intention when original passed, the surrogacy ban has led to nothing but hardships for folks who hope to grow their families.

Back in the late 1980s, following a surrogacy scandal known as the Baby M case, Michigan, along with other states like New York and New Jersey, passed laws banning and even criminalizing surrogacy. Since that time, New York, New Jersey, and pretty much every other state that had an anti-surrogacy law on the books, has reversed course and passed surrogacy-supportive regulations. Michigan stands alone in its extreme stance, threatening felony punishment for anyone who assists with a surrogacy contract in contradiction to the law, and forcing parents to undergo arduous legal processes to obtain legal rights to their own children.

Read more here

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