Reproductive health rights as well as the right to use in vitro fertilization (IVF) and other assisted reproductive technology to have children seem to be in the hands of federal courts and politicians these days. That’s why several governors and state lawmakers around the country are taking steps to protect the rights of their residents.
Here in Michigan this spring, Gov. Gretchen Whitmer signed a package of laws known as the Michigan Family Protection Act (MFPA) passed by the state legislature. The MFPA updates some of the outdated language in current laws and enshrines the right of any parent who uses assisted reproduction or surrogacy to have a child to have legal parenting rights to that child, whether they gave birth to them or not.
The MFPA also lifts the ban on surrogacy contracts and gives gestational surrogates added rights and protections. It also helps protect the parents who use a surrogate to start or grow their family and the children in these families.
Parents who rely on assisted reproduction as well as surrogates will benefit
The head of the Michigan Fertility Alliance, which strongly advocated for the changes in the law called it “an incredible victory for Michigan families.” She noted, “Hundreds of thousands of Michiganders who want children rely on assisted reproduction to build their families. Whether straight, LGBTQ+, cancer survivors, coupled or not, Michiganders needed a clear law in place to protect all children and parents as well as those who help parents grow their families as surrogates.”
The MFPA lets all parents, whether they continue in their marriage or relationship or not, have a say in their child’s upbringing and continue to have a right to parenting time. Too often, for example, when a female same-sex couple has a child through IVF, the parent who didn’t give birth has been dependent on their former spouse or partner to allow them to have parenting rights if they break up.
The MFPA is scheduled to take effect in March of next year. In the meantime, if you have questions or concerns about your parenting rights, it can help to have experienced legal guidance.