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Surrogacy Laws in Michigan

All surrogacy contracts are forbidden by law in this state.

 

Michigan has incredibly strict laws outlawing surrogacy agreements. State law not only says that these contracts are not enforceable, but also dishes out fines, all the way up to $50,000, and jail time, all the way up to five years, for a person who enters into such an agreement.

Courts in Michigan have said that the laws are valid. There was one case in 1981 where people participating in surrogacy contracts that are compensated challenged the statutes’ constitutionality outlawing exchanging money or other compensation in relation to the adoption and connected proceedings. In an opinion that was very short, a Michigan Appeals Court said that regulation in the state of adoption in this way doesn’t infringe on peoples’ due process at the constitutional level, and that it is a right to procreation which must not be infringed.

There was a case in 1992 where there were several participants in surrogacy agreements who challenged the law, saying that the state didn’t have any compelling interest in stopping the surrogacy. A Court of Appeals in Michigan didn’t agree with that, and they said that three interests were compelling in the state: (1) stopping children from turning into commodities; (2) helping the childrens’ best interests; and (3) stopping women from being exploited. They further clarified the surrogacy law, and they said that the Court said that any contract dealing with relinquishment of parental rights and conception by any surrogate is null and void.

 

 

 
 
 
 
 
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