Michigan’s Leap Forward: The Fertility Health Care Act Unveils New Surrogacy Framework

The Michigan Senate committee recently took a pivotal step towards modernizing the state’s approach to surrogacy by approving the Fertility Health Care Act, a comprehensive package of nine bills aimed at revamping Michigan’s surrogacy legislation. The act, receiving backing from notable figures including Governor Gretchen Whitmer, was deliberated by the Civil Rights, Judiciary, and Public Safety Committee, which had previously heard testimonies on the matter. This legislative effort seeks to dismantle existing barriers to surrogacy within the state, thereby providing Michigan families with new avenues to parenthood, while also instituting robust protections for surrogates, intended parents, and children born through surrogacy arrangements. Central to the legislative package is HB 5207, spearheaded by State Representative Samantha Steckloff (D-Farmington Hills), which proposes the establishment of the Assisted Reproduction and Surrogacy Parentage Act. This act aims to lay down a comprehensive framework for surrogacy contracts, mandating explicit consent from both surrogates and intending parents, thereby setting a precedent for ethical and legally sound surrogacy practices. Notably, Michigan is currently the only state that criminalizes surrogacy contracts, a stance that this legislation seeks to overturn. To ensure a responsible and ethical surrogacy process, the proposed bill outlines specific criteria for surrogate eligibility. These include...