ROYAL OAK, Mich. – Michigan is no longer the only state in the Union with a ban on paid surrogacy.
Gov. Gretchen Whitmer signed a series of bills Monday, April 1, that lifts the ban and expands options for people wanting to have children but can’t through natural means.
The ban had been in place since the 80s. Lawmakers voted to change that in hopes of making it easier for Michiganders to start a family. The bills were signed into law by Whitmer during an emotional ceremony in Royal Oak.
Background: Michigan will become the last US state to decriminalize surrogacy contracts
“There are many many wet eyes I’m looking at right now. If I wasn’t about to speak I would be too,” Whitmer said. “I am so happy to be here with you all today and I am humbled by your resilience and your bravery and your fortitude and I’m so glad to be able to make this happen.”
Surrogacy, where one person agrees to carry a child intended for parents, is an important tool for families facing infertility and same-sex couples.
Michigan was the last state that criminalized paid surrogacy contracts, until Whitmer signed the Family Protection Act into law, which gives families access to the ability to seek and use a surrogate to expand a family.
“It is a package of commonsense long overdue changes to remove criminal prohibitions on surrogacy, it is to protect families formed by IVF and to ensure LGBTQ+ parents are treated equally,” Whitmer said. “Until now, Michigan was the only state in the nation -- one out of 50 that criminalized paid surrogacy contracts. Our outdated law prescribed up to a year of jail time and a $10,000 fine for using a surrogate. Today’s bills repeal that ban and better protect surrogates, children and parents.”
Related: Advocates celebrate as Michigan moves closer to legalizing paid surrogacy contracts