Bill package to repeal paid surrogacy ban moves through Michigan Legislature
LANSING, Mich. (CBS DETROIT) - A package of eight bills currently in the Michigan Senate aims to repeal a ban from the 1980s that prohibits paid surrogacy in our state.
Under current law, if a baby in Michigan is born through surrogacy, the parents of that child must adopt their child, or before the baby is born, a judge must order a per-birth order so that the parents can be listed on the birth certificate.
"That puts us in a very dangerous place when it comes to parentage, intended parents and the safety and security of their children," said state Rep. Samantha Steckloff. "My bill removes the criminal ban on surrogacy. We are the only state left in the entire country that still has a ban on surrogacy contracts."
Michigan's ban on compensated surrogacy has been on the books since 1988, and although it has happened in our state, supporters argue that the ban still makes things difficult for couples who want children in non-traditional ways.
"It's not so much a ban on paid surrogacy. It's almost a ban on assisted reproduction because it's not just surrogacy," Steckloff said. "It's also through IVF and assisted reproduction. This these all tie together."
The bill package covers repealing the ban on compensated surrogacy to making sure the intended parents are listed on the birth certificate, and removing the criminal punishment still on the books. The bill package is not without its opponents, though. Right to Life Michigan was unavailable for an interview on Thursday, but an article on their website outlines their concerns.
"Though on the surface surrogacy contracts appear harmless, as they allow for parents to fulfill their desires to have a child, the unintended consequences of these contracts can quickly devolve into exploitation of vulnerable women and commodification of children through surrogate trafficking, baby selling rings, and simple profiteering off of impoverished women," the group wrote.
State Rep. Jason Morgan, who sponsored one of the eight bills in the package, says for LGBTQ Michiganders like him, this repeal comes down to equality.
"Existing laws leave many children in Michigan born through assisted reproduction or surrogacy without clear legal protection," he said. "I think the argument that this is somehow going to lead to something that isn't happening in other states is absolutely ridiculous. And frankly, I think it's a rather cruel approach to take on something that is literally allowing people to create families full of love and warmth."