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Michigan Decriminalizes Paid Surrogacy, Protects Families Using IVF

Michigan Gov. Gretchen Whitmer delivers her State of the State address to a joint session of the House and Senate, Jan. 25, 2023, at the state Capitol in Lansing, Mich. Whitmer will call for in

Michigan has officially decriminalized paid surrogacy, becoming the last state in the United States to do so. Governor Gretchen Whitmer signed the Michigan Family Protection Act, a package of bills aimed at safeguarding families utilizing surrogacy and in vitro fertilization (IVF).

At an event in Royal Oak, Michigan, Governor Whitmer described the act as a 'package of common sense' designed to protect families born through IVF and ensure equal treatment for LGBTQ+ parents. Surrogacy, where one person carries a child for intended parents, has become a vital option for families facing infertility and same-sex couples.

Previously, Michigan's laws criminalized paid surrogacy contracts, prescribing up to a year of jail time and a $10,000 fine. The newly signed bills repeal this ban, offering better protection for surrogates, children, and parents, and allowing families the freedom to pursue surrogacy without political interference.

The legislative package consists of nine bills, not only decriminalizing paid surrogacy but also establishing the legal framework for parents of children born through surrogacy and setting regulations on who can act as a surrogate.

Governor Whitmer signs the Michigan Family Protection Act to safeguard families using surrogacy and IVF.
Michigan becomes the last state to decriminalize paid surrogacy.
The act aims to ensure equal treatment for LGBTQ+ parents and protect families born through IVF.

State Representative Samantha Steckloff, the lead sponsor of the package, commended the Michigan Senate for passing the bills. She emphasized the importance of creating a clear legal connection between parents and children born through assisted reproduction methods.

Steckloff highlighted the ongoing battle for reproductive rights in other states, referencing a recent ruling by the Alabama Supreme Court regarding legal protections for frozen embryos. She praised her colleagues for their efforts in protecting reproductive and fertility freedoms.

The American Society for Reproductive Medicine expressed gratitude for Michigan's legislative action, ensuring citizens have access to surrogacy as a crucial family-building option. The move is seen as a significant step in supporting families utilizing assisted reproduction methods in the state.

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