Democratic Michigan Gov. Gretchen Whitmer signed a bill Monday that repeals the state’s ban on paid surrogacy.
Bill package signed by Whitmer, House Bill 5207-5215The bill, dubbed the “Michigan Family Protection Act” by its supporters, would repeal a ban on womb rentals that has been in place in the state since 1988. The package also strengthens protections for in vitro fertilization (IVF) following an Alabama Supreme Court ruling. Classifies frozen embryos as fetuses under state law.
“[This] This is a commonsense and long-overdue change to remove criminal prohibitions on surrogacy, protect families formed through IVF, and ensure that LGBTQ+ parents are treated equally. package,” Whitmer said at a bill-signing event in Royal Oak.
“Our outdated laws provided for up to one year in prison and a $10,000 fine for paid surrogacy,” she added.
Until now, Michigan was the only state to criminalize paid surrogacy contracts. Today, with the help of our legislative partners, we have lifted that unjust ban and given people the freedom to start a family without political interference. pic.twitter.com/xafdKEOoup
— Governor Gretchen Whitmer (@GovWhitmer) April 1, 2024
Surrogacy is when a woman carries and gives birth to a baby for another person or a married couple. according to Go to Cleveland Clinic. There are two types of surrogacy. One is genetic surrogacy. This is when a woman agrees to use her eggs and become her surrogate mother, usually through a process such as artificial insemination. Surrogacy is when a woman becomes pregnant through assisted reproductive technology, usually in vitro fertilization (IVF), using eggs that are not her own.
“Parental surrogacy has been practiced in Michigan since the ban on compensated surrogacy contracts went into effect, but in committee testimony on the bill, parents and surrogates said it was difficult to implement and parents He said he had to go through a lengthy adoption process for his children, his biological children. detroit free press I got it..
Michigan is reportedly the last state in the United States to decriminalize surrogacy. according to To the American Society of Reproductive Medicine.
Democratic Representative Samantha Stekloff, the bill’s lead sponsor, said: Said Its main purpose is to “create a clear legal link between parents and children born through assisted reproductive technology.”
“Ensuring the existence of legal parentage, whether through surrogacy or IVF, gives children a sense of belonging and being nurtured and eliminates any confusion surrounding parentage. and prevent false claims by bad actors,” Steckloff said.
Senate Republicans were reportedly attempting to introduce an amendment that would maintain criminal penalties for entering into surrogacy agreements with minors and people with developmental disabilities, as had been in effect under previous legislation. free press. The final version of the bill requires surrogate mothers to be at least 21 years old, have previously given birth to one child, have completed consultation with medical and mental health professionals, and have an independent legal You are required to have an agent.
Surrogacy has recently made headlines for its association with abortion, with horror stories of parents allegedly pressuring surrogate mothers to abort their babies for various reasons (see below) here, hereand here. )
Michigan’s bill reads:Specific performance is not a remedy available if the surrogate violates the terms of the contract under which she becomes pregnant, terminates the pregnancy, or undergoes medical treatment. The surrogacy contract is violated. However, the bill says nothing else about abortion, leaving guidance on the subject fairly vague.
The bill also makes no mention of disqualifying eligible parents with criminal histories, including criminal records involving their children. For example, veterinarians in the Chicago area arrested He was arrested in a sting operation last week after allegedly detailing a plan to sexually assault a surrogate baby due to be born in March.
However, the surrogacy agency may request background checks on the intended parents. according to Visit Surrogacy.com, an online resource for surrogacy.
Commercialized surrogacy is different from altruistic surrogacy. Being a surrogate mother is not paid and often creates a closer relationship with the family. It may attract economically disadvantaged women. Women who receive compensation for surrogacy can earn between $50,000 and $110,000 from someone or a couple seeking a child. according to Go to the site.
The pro-abortion organization National Organization for Women argues that commercialized surrogacy, in which women are paid to carry babies for others, “relies on the commodification of women’s bodies.” .
The organization says, “History has proven that buying, selling, and renting women’s bodies causes great harm to women.” Said In 2019.
The group continued:
Altruistic surrogacy agreements depend entirely on consent. A woman chooses to become a surrogate mother only on the condition that she wants to help someone build her family, and is not forced to continue the surrogacy plan to earn a living. But commercial surrogacy changes the reality of consent. When commercial agencies and large sums of money are involved, women can be drawn into surrogacy out of financial desperation, making it a choice when there are no other options.
Commercialized surrogacy industries in other countries are known for coercing poor and vulnerable women into contracts. Even when protections exist, they are very difficult to enforce. A steady supply of female bodies is needed to meet the demands of wealthy couples who can afford to pay exorbitant fees to agencies.
Because the bills failed to receive two-thirds support in the Senate, new surrogacy laws would not take effect until 90 days after the Legislature adjourns this year.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her at @thekat_Hamilton.
