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Outdated Laws Complicate Surrogacy Journeys for Families
14 Sep
Summary
- Some states have outdated parentage laws causing challenges for surrogacy families.
- Legal parentage is crucial for insurance, medical decisions, and school enrollment.
- Michigan recently updated its laws to better protect families formed via surrogacy.
Families who grow through surrogacy often encounter legal complications stemming from outdated parentage rights laws that vary significantly by state. Rachael Lang faced a two-year battle for legal parentage of her biological daughter, Delaney, born in 2023. During this period, Lang and her husband could not make medical decisions for Delaney or add her to their insurance. Michigan, where Lang resides, only recently decriminalized surrogacy and enacted the Michigan Family Protection Act in 2024, simplifying parental rights.
These legal parentage issues can prevent parents from accessing essential services for their children, such as health insurance, parental leave, and school enrollment. Advocates like Patience Crozier emphasize that current parentage policies need updating to protect children born through various fertility healthcare methods, including IVF, donor conception, and surrogacy. The goal is to ensure legal recognition and security for all children, regardless of how they join a family.
A recent case in Texas involving a surrogate who refused an abortion for a child diagnosed with a heart defect has further spotlighted these challenges. While often smooth, surrogacy agreements can be complicated by state laws. The Uniform Parentage Act offers a potential blueprint, but not all states have adopted comprehensive policies. These evolving family structures necessitate laws that keep pace with modern methods of family building.
