Michigan passes landmark law decriminalizing surrogacy & protecting LGBTQ+ parentage rights

Michigan Gov. Gretchen Whitmer (D) signed a law on Monday that adds crucial protections for LGBTQ+ couples using fertility treatments to build a family.

The Michigan Family Protection Act includes a series of provisions to protect families of all kinds. Most notably for the LGBTQ+ community, it changes “outdated state law to treat LGBTQ+ families equally and eliminate the need for them to go through a costly and invasive process to get documentation confirming their parental status,” as a press release from the governor’s office explains, adding that “Even if they move to a state that does not respect these basic rights, these bills help ensure they cannot be denied their relationship to their child.”

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The law also repeals a law that made Michigan the only state in the country to criminalize surrogacy contracts; increases protections for surrogates, parents, and children; ensures equal legal treatment of children born through surrogacy and assisted reproduction; and streamlines the process for families to establish legal connections to their children.

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“The Michigan Family Protection Act takes commonsense, long-overdue action to repeal Michigan’s ban on surrogacy, protect families formed by IVF, and ensure LGBTQ+ parents are treated equally,” Gov. Whitmer said in a statement. “Your family’s decisions should be up to you, and my legislative partners and I will keep fighting like hell to protect reproductive freedom in Michigan and make our state the best place to start, raise, and grow your family.” 

Stephanie Jones, founder of the Michigan Fertility Alliance, called the legislation “an incredible victory for all Michigan families formed through assisted reproduction, including IVF and surrogacy, and for LGBTQ+ families.

The press release also acknowledged the attacks on reproductive rights taking place across the country, most notably the 2022 overturning of Roe v. Wade and the 2024 Alabama Supreme Court’s declaration that embryos created through IVF have the same legal rights as children.

“As other states seek to restrict IVF, ban abortion, and make it harder to start a family, Michigan is supporting women and protecting reproductive freedoms for everyone,” the release stated.

One fierce advocate, Tammy Myers, has been fighting for the decriminalization of surrogacy in the state for the past four years. She told 7 Action News, “The tipping point, I think, is seeing that rights are being taken across the nation and we all need to fight for reproductive freedom.”

Polly Crozier, director of family advocacy at GLBTQ Legal Advocates & Defenders (GLAD), added in a statement, “Michigan has shown us what strengthening families should look like in 2024: making it more possible for people to fulfill their dreams of building a family and more accessible for all families, including LGBTQ+ families, to obtain the safety and stability that comes with legal parentage.” 

“Amid efforts to restrict Americans’ reproductive freedom and roll back protections for LGBTQ+ people and their families, the Michigan Family Protection Act is an inspiring example for other states where gaps in parentage laws leave families vulnerable.”