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New Hope Under Michigan Surrogacy Law

A story that has resonated deeply in Michigan is that of Tammy Myers, a mother who faced the unimaginable challenge of adopting her own biological children born through a gestational surrogate. Thanks to significant changes in Michigan law, her experience will not be repeated for future families.

Diagnosed with breast cancer, Tammy’s journey to expand her family took an unexpected turn. “Sadly it was highly hormone positive, which meant that I could not carry another child without bringing back the risk of bringing back my cancer,” she explained. The Myers family found a surrogate willing to help, but the process was fraught with complications, largely due to outdated laws.

“We did know it would be complicated. We didn’t know quite how complicated it would be,” Tammy recalled. Ultimately, she and her husband had to adopt their own biological twins, a situation that left them feeling “enraged” when they should have been celebrating the joy of new life.

However, legislative changes are on the horizon. Starting April 2, 2025, surrogates in Michigan will be allowed to receive compensation, a significant shift from the previous requirement that they work for free. Jarret Zafran, founder of Brownstone Surrogacy, emphasizes the new criteria for potential surrogates: “Typically, we’re looking for women that are 21-42, have a track record of full-term uncomplicated pregnancies, have had no more than five prior vaginal deliveries, or three prior c-sections and are just stable in their lives.” Most surrogates can expect to take home between $60,000 and $75,000 for their services.

The most critical change, however, pertains to parentage. As explained by Tammy and her attorney, Melissa Neckers, the updated statute mandates that the court must issue a parentage order without a hearing before the baby is born. “Everybody knows who the parents are. Everybody knows that the surrogate is not the parent,” Neckers stated. This change will allow vital records to accurately reflect the intended parents on the birth certificate, thereby eliminating the complications faced by families like the Myers.

Now, as Tammy reflects on her journey, she feels a sense of vindication. “I just knew I had to do something. So I became that mama bear,” she said, proud to be a voice for future families navigating the surrogacy process. Her twins are now four years old, and the new laws will ensure that no other family has to endure the same emotional turmoil.