Michigan has taken a monumental step forward in supporting families by passing the Michigan Family Protection Act, a package of bills that decriminalizes surrogacy and provides a clear legal framework for surrogacy arrangements. As an intended parent or prospective surrogate, understanding the key provisions of this new law is essential to navigating your surrogacy journey with confidence and peace of mind.
1. Legalization and Regulation of Surrogacy Contracts
One of the most significant changes brought about by the Michigan Family Protection Act is the legalization of compensated surrogacy contracts. This means that intended parents and surrogates can now enter into legally enforceable agreements that outline the rights, responsibilities, and expectations of all parties involved.
The new law also establishes regulations for surrogacy contracts, ensuring that they adhere to best practices and protect the well-being of surrogates, intended parents, and children born through surrogacy. For example, surrogacy contracts must allow the surrogate to make all health and welfare decisions regarding herself and the pregnancy, and must permit the surrogate to use the services of a health care practitioner of their choosing.
2. Streamlined Legal Parentage Establishment
Another key provision of the Michigan Family Protection Act is the streamlined process for establishing legal parentage. The law allows for pre-birth orders that recognize the intended parents as the legal parents of the child, eliminating the need for lengthy and costly adoption proceedings after the child's birth.
This provision is particularly significant for intended parents, as it ensures that they have all the legal rights and responsibilities associated with parenthood from the moment their child is born. It also provides a sense of security and certainty for all parties involved in the surrogacy arrangement.
3. Non-Discrimination and Equality Provisions
The Michigan Family Protection Act includes important non-discrimination and equality provisions that protect the rights of LGBTQ+ families. The law recognizes same-sex couples as legal parents and prohibits discrimination based on sexual orientation or gender identity in surrogacy arrangements.
These provisions ensure that all intended parents, regardless of their marital status or sexual orientation, have equal access to surrogacy as a path to parenthood. They also send a powerful message of inclusivity and support for diverse family structures.
4. Oversight and Regulation of Surrogacy Agencies
To ensure the integrity and ethical conduct of surrogacy agencies, the Michigan Family Protection Act establishes licensing requirements and mandatory reporting obligations. These measures help protect intended parents and surrogates from potential exploitation or unethical practices.
By providing oversight and regulation of surrogacy agencies, the new law creates a safer and more transparent environment for all parties involved in surrogacy arrangements. This added layer of protection instills confidence in intended parents and surrogates as they embark on their surrogacy journey.
5. Surrogate Eligibility and Protections
The Michigan Family Protection Act also outlines eligibility requirements and protections for surrogates. Surrogates must be at least 21 years old, have previously given birth, and complete medical and mental health consultations to ensure their well-being throughout the process.
Additionally, the law mandates that surrogates have independent legal representation, paid for by the intended parents, to safeguard their rights and interests. Surrogates are also guaranteed fair compensation and the autonomy to make their own medical decisions.
6. Effective Date and Implementation
It's important to note that the Michigan Family Protection Act has a 90-day delay in its effective date from the date of signing. This means that the law will officially come into force on July 1, 2024, giving all parties involved time to prepare for the new legal framework.
As you navigate the exciting and transformative path of surrogacy, it's crucial to have a trusted partner by your side. Michigan Surrogacy Center is dedicated to providing intended parents and surrogates with the personalized guidance, comprehensive support, and expert advice they need to thrive throughout their surrogacy journey.
Our compassionate team is well-versed in the key provisions of the Michigan Family Protection Act and is ready to help you understand your rights, responsibilities, and opportunities under this groundbreaking law. Whether you're an intended parent eager to grow your family or a prospective surrogate ready to make a profound difference in someone's life, Michigan Surrogacy Center is here to support you every step of the way. Contact us today to learn more about how we can help you navigate the surrogacy process with confidence and joy.
