LANSING, Mich. (AP) 鈥 Rachael Lang and her husband share the same last name as their biological daughter, but are not listed on her birth certificate. Instead, it bears the name of a surrogate who carried their daughter due to Lang鈥檚 past cancer diagnosis.
Michigan鈥檚 ban on paid surrogacy contracts 鈥 the only state with such a law 鈥 has forced the couple to spend nearly a year trying to adopt their biological daughter.
State lawmakers voted Tuesday to change that, hoping to make it easier for people like the Langs to more easily be deemed the legal parents of their children born through surrogates.
鈥淲henever I fill out paperwork for her, they ask, are you a parent or guardian? And you have to check one box or the other. I don鈥檛 know what to check because I am her parent biologically, but legally, I鈥檓 her guardian,鈥 said Lang. 鈥淪o that just makes me feel very conflicted and very sad about what I am on a piece of paper to her.鈥
Michigan is currently the only state in the nation where are criminally banned, according to the governor鈥檚 office. A 1988 law passed by Republicans makes it a misdemeanor or felony charge to take part in a compensated surrogacy contract.
An agreement reached between a woman who acts as a surrogate and then hands over parental rights to the child is 鈥渧oid and unenforceable,鈥 under the current law. That means the intended parents must go through a judge or the adoption process to gain custody.
Parents who testified in favor of changing that law say they spent months 鈥 sometimes years 鈥 trying to adopt their child born through a surrogate.
鈥淒ecisions about if, when, and how to have a child are deeply personal. Politicians should not be dictating the terms of these private decisions that should be left to a family, their doctor, and those they love and trust,鈥 said Michigan Gov. Gretchen Whitmer in a statement.
Whitmer, who has said she will sign the package, added that the legislation was vital as 鈥渙ther states make it harder for you to start a family.鈥 The nine-bill package also includes added protections for other assisted reproduction, such as , or IVF.
The package was introduced in a Senate committee just weeks after the Alabama Supreme Court frozen embryos can be considered children under state law, which forced some clinics in the state to pause IVF services. Alabama鈥檚 signed legislation into law shielding doctors from potential legal liability resulting from the courts ruling.
In Michigan, Tammy and Jordan Meyers were among those pleading with lawmakers to make the change based on their two-year legal battle.
The couple in 2021 had sought a pre-birth order for custody of twins they were expecting via gestational carrier. The twins arrived prematurely, before the order鈥檚 approval, and a judge denied the couple custody despite the twins being their biological children.
鈥淚f I鈥檓 being honest about it, we missed out on a lot of moments with our babies,鈥 said Tammy Myers. 鈥淭ime that we should have just been focusing on the babies that arrived safely, despite being eight weeks premature. We weren鈥檛 living in the miracle. We were living in the trauma.鈥
After a 23-month legal fight, the Myers won the right to adopt their twins in late 2022.
Tammy Myers watched from the balcony overlooking the Senate chambers on Tuesday as lawmakers considered the package. Prior to the vote, Senate Majority Leader Winnie Brinks drew attention to Myers, who eventually received a standing ovation from lawmakers.
鈥淭here is no good reason that parents such as Tammy and Jordan should have to adopt their own babies,鈥 said Brinks.
Under the bills passed Tuesday, an individual can enter an agreement to become a surrogate if they are at least 21 years old, have previously given birth to a child, undergone medical and mental health exams and have independent legal representation.
The Michigan Fertility Alliance applauded the Senate鈥檚 passage of the bills Tuesday, saying in a statement that it ensures all 鈥渃hildren born in Michigan by fertility treatments and surrogacy have access to a secure legal relationship with their parents.鈥
Several Republicans spoke out against the package of bills on Tuesday prior to the Senate vote, and two Republicans sided with the Democratic majority on all nine of the bills. One Republican, Sen. Thomas Albert, said the bills could 鈥渙pen Pandora鈥檚 Box,鈥 and that it 鈥渇undamentally redefines the family.鈥
Democratic state Sen. Stephanie Chang said during a speech in favor of the bills that they were about 鈥減romoting families鈥 and ensuring 鈥渢hat Michiganders can fulfill their dreams of parenthood.鈥
The Lang family, who is still attempting to adopt their one-year-old, are among those who could potentially grow their family under the new law. In an interview prior to the vote, Rachael Lang said she and her husband felt so broken by the process that they vowed not to try for another child through surrogacy.
鈥淏ut now, you know, if it does go through, we would consider working with a surrogate again,鈥 said Lang.
