Surrogacy in Michigan

Presented by Raegan Hickok and Catherine

Stump
“MY SISTER IS HAVING MY BABY”

● Your sister CAN have your baby

● MI has just made it very hard for
that to happen
● This presentation is going to talk
about why!
What is Surrogacy?
“A process in which a woman carries and delivers a child for a couple or
individual”1
TRADITIONAL GESTATIONAL

The egg of biological mother is combined with A surrogate carries another woman’s egg.2
intended fathers or donor’s sperm.2

Altruistic2 Compensated3 Compassionate3

So, What’s the Issue Here?
● In Michigan, compassionate surrogacy is
allowed.4
“There is little protection to
● Traditional, Compensated or Altruistic
prevent a traditional surrogate
surrogacy are NOT legal in Michigan.4
● Michigan has no specific laws regarding
from claiming the child as
parentage orders.4 their own, or for a surrogate to
● If a person arranges, assists, or is be left responsible for medical
compensated in the formation of a costs for herself and the child.” 2
formation of a surrogacy contract would be
guilty of a felony.4,5
How Exactly Did This Happen?
● Michigan’s response to a court
ruling
○ Baby M case 6
○ 1988 Surrogate Parenting Act5
Why It Becomes an Ethical Problem?
● Moral Distress:
○ Stress of finding a surrogate
○ Surrogate could change their mind to keep
the child
○ Courts reject/deny forward progression of
adoption
○ Eliminate autonomy for the surrogate
mother

● Locus of Authority:
○ Michigan is one of the stricter surrogacy https://babygest.com/en/cost/

states
○ Laws make it challenging to create a family
○ Lacks protection for intended parents
○ Face legal consequences (pay fines,
imprisonment, etc.)
Begging the Ethical Question…

Should the Surrogate Parenting Act of Michigan be modified

to allow couples to grow their families?
 Ethical Theories At Work

PRO-CHANGE ANTI-CHANGE

Utilitarianism Deontology

https://www.istockphoto.com/vector/parents-and-children-embracing-together- https://www.dreamstime.com/illustration/
and-smile-gm1167624029-322079404 regulations.html
Pro-Change

Reproductiv Evolving
Cancer
e Issues Science

Unnecessar Income and

PTSD
y stress Autonomy
Anti-Change

Religion The Motive Adoption

“The The
Diverges
Breeding Surrogate
Marriages
Box” Attachment
Where Do We Stand?
Final Conclusions
We are team pro-change!
- Opportunities for income and giving life.
- Growing families that thought they never
had a chance.3
- Surrogacy, unlike adoption, allows for a
genetic link to remain between baby and
family.3
- Women should have the autonomy to
offer their body if wanted. But should https://images.squarespace-cdn.com/content/v1/5cc1dfdad86cc9265699353f/

also be compensated for their time and

1583507608608-LEOXTW440K8FCXF5A7GA/
5+Reasons+to+Become+a+Surrogate+Mother+Infographic-01.jpg

efforts.
Questions??
Citations
1.SeriesBox. “My sister’s going to have my baby.” [Video]. YouTube. https://www.youtube.com/shorts/DR4NSxhhRyk. April 24, 2022. Accessed April 8, 2023.
2.The Different Types of Surrogacy. ConceiveAbilities.
https://www.conceiveabilities.com/about/blog/the-different-types-of-surrogacy#:~:text=There%20are%20two%20types%20of,pros%20and%20cons%20to%20weigh. Published August 10,
2018. Accessed April 9, 2023.
3.Surrogacy. Resolve: The National Infertility Association.
https://resolve.org/learn/what-are-my-options/surrogacy/#:~:text=Compassionate%20surrogacy%20agreements%20are%20those,pregnancy%20less%20the%20surrogate%20fee.
Accessed April 9, 2023.
4.Dion E. Roddy. What You Need to Know About Surrogacy in Michigan. American Surrogacy. https://www.americansurrogacy.com/surrogacy/michigan-surrogacy-laws. Accessed April 9, 2023.

5.Act 199 of 1988. Michigan Legislature.

http://www.legislature.mi.gov/(S(ygrh1vkg3w3ipm5cprwkonjv))/mileg.aspx?page=getobject&objectName=mcl-act-199-of-1988#:~:text=AN%20ACT%20to%20establish%20surrogate,provide
%20for%20penalties%20and%20remedies
. Accessed April 8, 2023.
6.Haberman, Clyde. Baby M and the Question of Surrogate Motherhood. The New York Times.
https://www.nytimes.com/2014/03/24/us/baby-m-and-the-question-of-surrogate-motherhood.html?auth=login-google1tap&login=google1tap. Published March 23, 2014. Accessed April 8,
2023.
7.Carr SV. Surrogacy and ethics in women with cancer. Best Pract Res Clin Obstet Gynaecol. 2019;55:117-127. doi:10.1016/j.bpobgyn.2018.11.001
8.Sreenivas K, Campo-Engelstein L. Domestic and international surrogacy laws: implications for cancer survivors. Cancer Treat Res. 2010;156:135-152. doi:10.1007/978-1-4419-6518-9_10
9.Goli M, Farajzadegan Z, Heidari Z, Kohan S. Reproductive and sexual Health of surrogate mothers, developing a care program: a protocol for mixed methods study. Reprod Health.
2019;16(1):23. Published 2019 Feb 26. doi:10.1186/s12978-019-0687-8
10.
Infertility. Center for Disease Control and Prevention.
https://www.cdc.gov/reproductivehealth/infertility/index.htm#:~:text=Is%20infertility%20a%20common%20problem,year%20of%20trying%20(infertility). Accessed April 14, 2023.
11.
Blake L, Carone N, Slutsky J, Raffanello E, Ehrhardt AA, Golombok S. Gay father surrogacy families: relationships with surrogates and egg donors and parental disclosure of children's
origins. Fertil Steril. 2016;106(6):1503-1509. doi:10.1016/j.fertnstert.2016.08.013
12.
What Does Religion Say About the Morality of Surrogacy? American Surrogacy Blog. https://www.americansurrogacy.com/blog/what-does-religion-say-about-the-morality-of-surrogacy/.
Published December 11, 2017. Accessed April 17, 2023.