Michigan Embraces Compensated Surrogacy, Ending Decades-Old Ban
In a significant legislative shift, Michigan has lifted its 38-year prohibition on paid surrogate pregnancy contracts, a move that marks a new era for assisted reproduction in the state.
The initial ban in Michigan was influenced by a Dearborn lawyer who gained notoriety in the 1980s for organizing surrogate contracts, at a time when the concept was controversial and largely misunderstood.
Stephanie Jones from the Michigan Fertility Alliance explained the evolution of public perception regarding surrogacy. “And I really think people have changed their outlook on this significantly since then and it’s just become more of a norm,” she relayed to Michigan Public Radio. “People have become more aware of infertility and the need for assisted reproduction to grow your family. So, I think it’s just become more palatable over the years and we, of course, want to be able to support people who need this to grow their families.”
The newly enacted legislation establishes clear legal rights for all parties involved in a surrogacy agreement, ensuring that couples will not have to pursue adoption to gain parental rights after the birth of a child.
While advocates highlight the predictability and enforceability of these agreements, opposition exists, particularly among conservative and religious groups. Tom Hickson, Vice President for Public Policy and Advocacy at the Michigan Catholic Conference, expressed concerns about the implications of paid surrogacy. He suggested that infertile couples should consider foster care or adoption, arguing, “That was the No. 1 amendment that we tried to get in was to strike the compensation aspect of this. I mean that just really minimizes the dignity of motherhood and childbirth into a sale and delivery mechanism.”
With this change, Michigan aligns with the majority of U.S. states where compensated surrogacy contracts are legally permissible.
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