Introduction to the Michigan Family Protection Act

April 2024 marks a significant milestone in Michigan’s journey toward modernizing family-building and reproductive assistance, with the enactment of the Michigan Family Protection Act by Governor Gretchen Whitmer. This groundbreaking legislation heralds a transformative period for individuals and couples eager to fulfill their dreams of starting a family through surrogacy and in vitro fertilization (IVF). By repealing the longstanding ban, the Michigan Family Protection Act eliminates criminal penalties for compensated gestational surrogacy contracts, introducing a more inclusive, supportive, and equitable framework for family planning. This change empowers families, their healthcare providers, and their trusted networks, moving decision-making away from restrictive legislation and into the hands of those most directly involved in the journey to parenthood.

Background: The Michigan Surrogate Parenting Act of 1988

For years, the Michigan Surrogate Parenting Act of 1988, a relic of the past triggered by the Doe v. Kelley case, placed Michigan at a stark contrast to the rest of the nation. It deemed compensated gestational surrogacy contracts unenforceable, creating hurdles for Intended Parents (IPs) and gestational carriers (GCs) alike. This law rendered the recruitment of gestational carriers within Michigan challenging for reputable programs and complicated life for those in Michigan wishing to build their families through surrogacy.

What is surrogacy? Learn more here.

The Impact on Families and Gestational Surrogates in Michigan

The legislative update is a beacon of hope for intended parents and the altruistic women in Michigan who wish to carry for others. It acknowledges and legitimizes their journey towards parenthood, offering them the support and resources they need to navigate this life-changing process.
Furthermore, this act significantly benefits the surrogacy landscape in Michigan by ensuring that surrogates are provided with the security they deserve. The previous legal constraints that shadowed the surrogacy process in Michigan are now lifted, allowing for a smoother, more secure journey for all parties involved.

Resources and Support for Prospective Surrogates

For those considering becoming a surrogate, or if you’re curious about the qualifications involved, we invite you to explore our resources for more information:

As we move forward into this new chapter of family building in Michigan, Kindbody remains committed to supporting, educating, and empowering our community every step of the way.

Kindbody is a new generation of women's health and fertility care. Providing you with the information you need to take control of your health and make the decisions that are right for you. We’re a community of healthcare providers, fertility specialists, and women who get it. We’re on a mission to democratize and de-stigmatize women’s health and fertility care, making it accessible, intuitive, and empowering.