Blue State Gov Signs Bill Removing Decades-Long Ban on Surrogacy Contracts

By Published on April 2, 2024

Democratic Gov. Gretchen Whitmer signed a bill Monday removing a previous law from the 1980s that banned surrogacy contracts.

The bill allows state residents over the age of 21 who have already had one child and have passed a mental and physical health screening to become a surrogate. The newly-signed legislation removes the last law in the country banning surrogate contracts, according to WOODTV, a local media outlet.

“I am so glad to be able to make this happen today,” Whitmer said, according to the outlet. “I’m going to sign the Michigan Family Protection Act. It is a package of common-sense, long-overdue changes to remove criminal prohibitions on surrogacy. It’s to protect families born by IVF (in vitro fertilization) and to ensure LGBTQ+ parents are treated equally.”

The new law, which will go into effect 90 days after it is signed, also requires a potential surrogate to have their own legal representation. The bill narrowly passed the state House of Representatives with 56 in favor and 53 against, with one abstaining, in November before also passing the state Senate on March 19 in a 22 to 15 vote with one excused.

Whitmer also signed several other pieces of legislation providing additional protections for in vitro fertilization (IVF) treatments and for LGBTQ couples who wish to use surrogates, according to CNN.

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“Today’s bills repeal that ban and better protect surrogates, children and parents. They will ensure that you have the freedom to start your family without political interference,” Whitmer said during the signing of the bill, CNN reported.

The ethics of fertility treatments have been a heated topic after the Alabama Supreme Court ruled in February that frozen embryos should be considered human life. IVF clinics in the state shut down for weeks until lawmakers passed a bill prohibiting criminal or civil prosecution of physicians or clinics for the “damage to or death of an embryo.”

Whitmer’s office did not immediately respond to the Daily Caller News Foundation’s request.

 

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