By Shelby Stewart-Soldan
248-627-4332
ssoldan@mihomepaper.com
Lansing — Lawmakers approved a series of bills that would repeal the current ban on surrogacy contracts and compensated surrogacy in Michigan.
The series of bills, titled the Michigan Family Protection Act, will now head to governor Gretchen Whitmer’s desk, where she is expected to sign it into law.
Goodrich resident Stephanie Jones, founder of the Michigan Fertility Alliance, worked with lawmakers to get the legislation passed.
“We’re a volunteer-led, grassroots organization,” she said. “The Michigan Family Protection Act is a representation of the sum of all of our parts. It’s really remarkable that we were able craft and pass legislation with the help of State Rep. Samantha Steckloff (D-19th District Farmington Hills) We are extremely humbled and overjoyed. Hundreds of thousands of families, their worries will melt away.”
Jones, whose own daughter was born via surrogacy three years ago, said she feels validated that the state views her daughter as equal to her son, whom she had naturally.
“It does repeal the ban on surrogacy, but this is child-focused legislation,” she said. “It protects all children who are born through assisted reproduction because it protects the parental rights at birth.”
The bills were sponsored by Rep. Samantha Steckloff (D-19 Farmington Hills) and was passed last year in the house of representatives. It passed this week in the senate.
Locally, State Rep. David Martin (R-68th District serving Groveland and Atlas townships) voted against the legislation.
“I’m not against surrogacy, per say, even compensated surrogacy,” said Martin. “There’s things in the bills I wish were there. Safeguards for things like human trafficking. I want it to be for families, those who want to be a nuclear family but aren’t able to conceive. It should be focused on them.”
Martin also cited a legislative package introduced by State Rep. John Roth (R-104th District), which would criminalize doctors who inseminate women with their own sperm during the fertility treatment process, and prohibit sperm donors from falsely representing themselves. The bills have not yet been passed by the house, and were introduced about a year ago, and Martin expressed his desire to see this legislation pass along with laws regulating surrogacy.
“We’d like to see this happen,” said Martin. “If they were to bring in the John Roth Bills, it would be different.”
Rep. Josh Schriver (R-66 Oxford Twp.) also voted against the bill in the house.
“Surrogacy in Michigan could lead to more broken families,” he said. “The Casablanca Declaration, signed by a coalition of 100 experts from 75 countries, called for an international ban on surrogacy, saying it ‘violates human dignity’ and contributes to the ‘commodification of women and children.’ It also said that no legal framework can make surrogacy ethical.”
Senator Ruth Johnson (R-24 Groveland Twp.) also voted against the legislation this week, also citing safeguards in the bills.
“I support people who want to start a family. But this legislation just went too far and did not have appropriate safeguards to prevent the exploitation of vulnerable women,” she said. “These bills delete the current felony penalties for using a minor or a developmentally disabled women as a surrogate. I offered an amendment to restore these protections, but it was defeated by senate Democrats.”
The legislation allows for surrogacy contracts with women 21 years of age or older, following extensive physical and mental health screenings.