In a recent podcast episode hosted by Phil Tower on iHeartRadio’s West Michigan Weekend, an in-depth conversation unfolded about a historic shift in Michigan’s approach to surrogacy. For the first time in 37 years, Michigan has updated its laws to decriminalize surrogacy and provide a clear legal framework for families formed through assisted reproduction. This groundbreaking change comes through the newly enacted Michigan Family Protection Act, which took effect on April 1, 2025.

Joining Phil Tower for this important discussion were three distinguished guests deeply involved in the world of surrogacy: Tammy Myers, a Michigan mother who was forced to adopt her own biological twins due to the state’s outdated surrogacy laws; Melissa Neckers, senior counsel at Miller Johnson and a leading expert on assisted reproduction and surrogacy law; and Jarrett Zafran, a New York City-based attorney and founder of Brownstone Surrogacy, a national surrogacy agency.|

Throughout the conversation, they unpacked the history, challenges, and hopeful future for surrogacy in Michigan, providing valuable insights for anyone interested in assisted reproductive technologies and family building options.

The Historical Context: Why Was Surrogacy Outlawed in Michigan?

To understand the significance of the new Family Protection Act, it’s essential to look back at Michigan’s surrogacy laws, which were rooted in a 1988 statute known as the Surrogate Act. Melissa Neckers explains that this law originated as a reaction to the infamous Baby M case in the 1980s, which made headlines across the United States.

“The Baby M case involved a couple from the East Coast where the wife couldn’t carry a pregnancy, so they hired a woman to be inseminated with the husband’s sperm but using her own egg. The surrogate changed her mind and wanted to keep the child, which led to intense legal battles.”

Because a Dearborn attorney had drafted the contract involved in that case, Michigan lawmakers felt compelled to act decisively. The 1988 law not only prohibited surrogacy contracts but criminalized entering into such agreements, marking Michigan as the first state to make surrogacy a felony. The law’s intent was to prevent the legal complications and emotional turmoil seen in the Baby M case by outlawing these agreements entirely.

However, since then, reproductive technology has evolved dramatically. Most surrogates today are gestational surrogates, meaning they carry embryos created from the intended parents’ or donors’ eggs and sperm, and are not genetically related to the child. Despite this, Michigan’s laws remained stuck in the past, prohibiting a practice that had become safer, more common, and more clearly defined elsewhere.

Tammy Myers’ Story: The Human Impact of Outdated Laws

One of the most compelling voices in the podcast was Tammy Myers, who shared her deeply personal journey of building a family through surrogacy under Michigan’s restrictive legal framework. Diagnosed with breast cancer at age 33, Tammy faced the heartbreaking reality that carrying a pregnancy would pose a significant risk to her health.

“Being hit with a devastating diagnosis like that, right in the middle of trying to build our family, was a huge roadblock. Because of how hormone-positive my cancer was, carrying a child would likely bring my cancer back.”

After undergoing chemotherapy, radiation, and a recommended hysterectomy to reduce her cancer risk, Tammy and her husband knew that surrogacy was their only option to grow their family. They embarked on a complex, expensive, and emotionally taxing journey that included emergency egg harvesting and finding a gestational carrier through social media.

The surrogate, who was not biologically related to the twins, carried the embryos implanted through in vitro fertilization (IVF). Despite having a pre-birth order prepared, Tammy and her husband were legally forced to adopt their own biological children after birth. This was because Michigan law did not recognize intended parents automatically, and the surrogate was listed on the birth certificate as the mother.

Tammy’s story highlights the real-world consequences of outdated legislation and the urgent need for reform. Her experience became a rallying point for change in Michigan, inspiring advocacy for the new Family Protection Act.

Understanding the Legal Complexities: Why Did Tammy Have to Adopt Her Own Children?

Melissa Neckers offered crucial legal context to explain why Tammy and her husband had to go through the adoption process for their own biological twins. At the heart of the problem was the 1988 law’s failure to recognize surrogacy agreements as enforceable contracts and the legal presumption that the woman who gives birth is the child’s mother.

“The agreements that people signed were not enforceable. Michigan statutes didn’t have a process to get intended parents listed on the birth certificate. So because the law assumed the birth mother was the legal mother, Tammy’s surrogate was listed on the birth certificate, not Tammy and her husband.”

To establish parental rights, Tammy and her husband had to terminate the surrogate’s parental rights and then adopt the twins legally. This process was emotionally difficult and legally complicated, underscoring how the old law failed to protect families formed through surrogacy.

What Has Changed? The Michigan Family Protection Act and Its Provisions

The new Michigan Family Protection Act, signed into law and effective April 1, 2025, marks a monumental shift. It decriminalizes surrogacy, making it legal for intended parents and surrogates to enter into contracts with clear legal protections. The Act:

• Establishes legal recognition of intended parents from the moment of birth, eliminating the need for adoption procedures for biological parents who use a surrogate.
• Provides protections for all parties involved—children, surrogates, and intended parents.
• Requires independent legal counsel for everyone involved to ensure informed decisions.
• Mandates medical and psychological evaluations to safeguard the health and well-being of surrogates and children.
• Allows for compensated surrogacy, acknowledging the time, effort, and risks surrogates undertake.

Melissa Neckers emphasized that these provisions create a much safer, clearer, and more reliable process for families and surrogates alike. The law also standardizes procedures across Michigan, preventing the inconsistent rulings that previously occurred county by county.

Compensated Surrogacy: A New Era for Michigan

One of the most significant changes brought by the Family Protection Act is the legalization of compensated surrogacy. Previously, any payment beyond altruistic acts was a felony, which forced surrogacy arrangements into a legal gray area or underground economy.

Jarrett Zafran, founder of Brownstone Surrogacy, explained the delicate nature of compensated surrogacy and why it is a fair and necessary practice.

“Surrogates are compensated for the disruptions, risks, and commitments they make throughout the pregnancy. This includes time off work, medical procedures, daily injections, and emotional labor.”

Typically, surrogates in the United States receive about $60,000, though amounts can vary. Jarrett stressed that compensation does not diminish the altruistic nature of surrogacy. Most surrogates choose to help families due to personal connections or empathy, but compensation acknowledges the tangible sacrifices involved.

Who Chooses Surrogacy and Why?

The podcast also addressed common questions about why individuals or couples pursue surrogacy. Tammy and Jarrett both explained that surrogacy is often chosen for medical reasons:

• Women who cannot carry a pregnancy due to medical conditions or surgeries (like Tammy’s cancer diagnosis and hysterectomy)
• Individuals with recurrent miscarriages or uterine issues
• Same-sex couples or single parents who want to have genetically related children

Jarrett noted that surrogacy requires a deep relationship of trust between the intended parents and the surrogate. His agency’s role is to carefully match families and surrogates, ensuring compatibility on emotional, medical, and legal levels.

The Role of Professional Support in Surrogacy Arrangements

Surrogacy is a multifaceted process involving medical, legal, psychological, and logistical components. Jarrett Zafran highlighted the importance of working with experienced agencies and legal counsel:

“Doing this without an agency is like taking on a part-time job. You have to coordinate insurance, payments, legal representation, psychological evaluations, and clinic appointments.”

Melissa Neckers reinforced the need for independent legal representation for all parties to ensure that everyone’s rights and interests are protected under the new law. This professional guidance helps avoid the pitfalls Tammy’s family had to face and makes the process smoother and more predictable.

The Impact of the Michigan Family Protection Act on Families and Surrogates

The new legislation is a beacon of hope for many families in Michigan, especially those who have faced barriers to parenthood due to infertility, medical complications, or legal restrictions. Tammy Myers shared her optimism for the future:

“The path with this new legislation really is clear and attainable. It’s comprehensive and smooth, especially when working with an agency. This law brings hope to families who need reproductive assistance, including nontraditional families and the LGBTQ+ community.”

Melissa Neckers echoed this sentiment, praising the collaborative efforts of the Michigan Fertility Alliance and legislators in passing the law. She emphasized the critical protections now in place for children, surrogates, and intended parents, making surrogacy a safe and viable option in Michigan.

Advice for Prospective Surrogates and Intended Parents

In closing, the guests offered thoughtful advice for anyone considering surrogacy in Michigan:

• Seek professional guidance: Work with experienced attorneys and agencies to navigate the complex process.
• Understand the commitment: Surrogacy is an emotional and physical journey requiring trust and communication.
• Know your rights and protections: The Michigan Family Protection Act ensures legal clarity and safeguards for all involved.
• For potential surrogates: Consider the altruistic motivation alongside the compensation and the profound impact you can have on families’ lives.
• For intended parents: Be patient and thorough in finding the right match and building a respectful relationship with the surrogate.

For those interested in learning more or embarking on their surrogacy journey, Michigan Surrogacy Center and trusted legal and agency professionals stand ready to provide guidance and support in this exciting new era.