Whitmer signs bills legalizing surrogacy contracts

Michigan Gov. Gretchen Whitmer signed nine bills into law to legalize surrogacy contracts.

Michigan is the last state to legalize surrogacy contracts.

Democrats say that nine bills, House Bills 5207, 5208, 5209, 5210, 5211, 5212, 5213, 5214, and 5215, will help more people get children born through surrogacy or in vitro fertilization. The bills will regulate surrogacy, ensure surrogates are fairly compensated, have legal representation and are screened by medical professionals.

“Decisions about if, when, and how to have a child should be left to a family, their doctor, and those they love and trust, not politicians,” Whitmer said in a statement. “If we want more people and families to ‘make it’ in Michigan, we need to support them with the resources they need to make these deeply personal, life-changing choices. The Michigan Family Protection Act takes commonsense, long-overdue action to repeal Michigan’s ban on surrogacy, protect families formed by IVF, and ensure LGBTQ+ parents are treated equally.”

To act as a surrogate under the plan, one must:Be 21 years of age or older.Have previously given birth to at least one child.Have completed a medical evaluation concerning the surrogacy arrangement.Have completed a mental health consultation concerning the surrogacy arrangement.Have independent legal representation of the individual's choice by an attorney licensed in the State throughout the agreement negotiation process, the execution of the agreement, and the duration of the agreement about the terms of the surrogacy agreement.

To execute a surrogacy agreement, an intended parent, whether or not genetically related to the child, would have to meet all the following requirements:

Be 21 years of age or older.Have completed a mental health consultation.Have independent legal representation of the intended parent's or parent's choice by an attorney licensed in the State throughout the agreement negotiation process, the execution of the agreement, and the duration of the agreement about the terms of the surrogacy agreement.

In November 2022, Michiganders voted overwhelmingly to pass Proposal 3, which enshrined the right to reproductive freedom in the Michigan Constitution. This action protected the right to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management and infertility.

Senate Majority Leader Winnie Brinks, D-Grand Rapids, welcomed the change.

“Today, we are taking tangible action to show the rest of the nation that Michigan is a place where anyone can pursue their dreams of parenthood without unnecessary hurdles,” Brinks said in a statement. “After years of fighting hard to grant Michiganders the freedom to grow their families through surrogacy, it's an incredible relief and honor to be here today as this long-awaited legislation is finally signed into law.”