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'I've wished for this moment many times in my dreams' | MI reworks parental surrogacy laws with Gov.'s signature

The bills would roll back current law regarding these contracts and also provide for who would be the legal parents of a child born through surrogacy.

MICHIGAN, USA — For some, it was an emotional moment as Michigan Governor Gretchen Whitmer (D) put pen to paper on Monday and signed into law a large-scale overhaul of Michigan's child surrogacy laws.

"I've wished for this moment many times in my dreams," Michigan Fertility Alliance Founder Stephanie Jones said. "It's a new day for families and children in Michigan."

Those at the signing praised the work of advocates and lawmakers who supported the nine-bill package.

"While you have thus far not personally benefited from this legislation being signed today, you envisioned a future where families wouldn't agonize over decisions such as whether it's safe to pursue surrogacy in the state of Michigan, or if the state will recognize you as your child's parent," said Leah Zientek, who voluntarily carried her friends' child to term.

Michigan's pre-existing law rendered all contract agreements for having a child through surrogacy unenforceable. Only altruistic surrogacy without a contract was allowed.

"Until now, Michigan was the only state in the nation - one out of 50 - that criminalized paid surrogacy contracts," Whitmer said. "Today's bills repeal that ban and better protect surrogates, children and parents. They will ensure that you have the freedom to start your family without political interference."

But even while surrogacy without a contract remained a caveat in the law, it wasn't easy for some.

Tammy Myers and her husband gained national attention through their legal fight three years ago to gain custody of their newborn twins born via surrogate.

The legal battle, she testified earlier this year, brought harm to their family after courts ruled that current law meant they were not the legal parents.

"I mean, can you imagine not being able to have your name on your child's birth certificate, not being able to put them on your health insurance?" Whitmer said, referencing the Myers' fight. "Can you imagine holding your child and being told that child's not legally yours?"

The package would not only roll back the current law regarding these contracts, but also provide guidelines for who would be considered the parent or parents of a child born through surrogacy agreements.

Some did express concerns over the bills as they made their way through Lansing.

"Of significant concern as the legalization of surrogacy contracts and allowing compensation in exchange for a child," Michigan Catholic Conference Policy Advocate Rebecca Mastee said as she testified to lawmakers earlier this year. "At the core of such agreements is a contract for a human being."

But for others like Whitmer and Myers, the answer was simple.

"It's wrong," Whitmer said. "And today, for [Myers] and so many others, we're going to be making it right."

   

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