America is officially a womb nation! Michigan becomes the latest state to legalize paid surrogacy — as governor says it will ‘protect IVF and ensure LGBT parents are treated equally’
Michigan has become the latest state to legalize commercial surrogacy, officials announced.
Democratic Gov. Gretchen Whitmer signed nine bills Monday that would allow couples to pay a woman to carry and give birth to their child.
Previously, those who tried to conceive this way were subject to up to a year in prison and a $10,000 fine since the ban was introduced in 1988.
Whitmer described the legislation, called the Michigan Family Protection Act, as “a common-sense package” to “protect families born under IVF and ensure LGBTQ-plus parents are treated equally.”
Michigan law previously made paid surrogacy contracts punishable by up to a year in prison and a $10,000 fine, the governor said
The highlighted states have laws on the books that stipulate that life begins at the moment of fertilization. In Louisiana, the intentional removal or destruction of a human embryo is illegal
Surrogacy involves surrogates fertilizing one man’s sperm or another woman’s eggs through in vitro fertilization (IVF), something that is hotly contested in red states like Alabama.
The law punished previously paid surrogacy contracts with up to a year in prison and a $10,000 fine, the governor said.
‘Today’s bills repeal that ban and better protect surrogate mothers, children and parents. They will ensure that you have the freedom to raise your family without political interference,” Whitmer said.
In addition, the package will provide rules on who can be a surrogate and outline a framework for parents of children born through this process.
The bills require surrogates to be at least 21 years old, to consult with physical and mental health providers and to have independent attorneys.
There are two types of surrogacy. In the traditional method, a woman is artificially inseminated with the father’s sperm and then carries the baby. In this case, the surrogate mother is the biological mother of the child.
In surrogacy, the baby’s parents go through IVF. In this process, a woman’s eggs are fertilized in a laboratory by the father’s sperm. Those eggs are then implanted into the surrogate mother’s uterus, allowing her to carry the baby.
In this case, the surrogate mother has no genetic connection to the baby.
Surrogacy is the most popular choice: approximately 750 babies are born through this method every year.
Traditional surrogacy is much less common and is only legal in Florida, Virginia and Washington.
As with IVF, most couples who undergo surrogacy are biologically unable to have children. The choice is also common among same-sex couples.
Opponents of surrogacy have argued that the process exploits women by considering them only for their reproductive potential, and some have compared the process to prostitution.
However, others have argued that it could solve America’s fertility crisis, as birth rates have fallen by as much as a third in some states.
State Rep. Samantha Steckloff, the package’s lead sponsor, said in a news release that the bills “establish the clear legal connection between parents and children born through assisted reproduction.”
The ruling comes after the Alabama Supreme Court declared that frozen embryos should have the same rights as children, leading several clinics to halt the procedure.
Steckloff said “reproductive and fertility freedoms are under attack” and praised her fellow lawmakers for their work on the package.
“Whether it is surrogacy or IVF, ensuring that a legal child relationship exists will give children a greater sense of connection and nurturance and eliminate any potential confusion around parenthood,” she said.