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Fertility Health Care Act a focus in Lansing after Alabama court ruling

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LANSING, Mich. — A Kent County couple had to adopt their own biological children because of an old state surrogacy law.

There is legislation in the works to remove barriers and assist reproductive procedures.

"As I stand before you, my heart is hopeful," Tammy Myers said.

Myers testified before a senate committee Thursday, hopeful the Fertility Health Care Act will become law.

"The proposed legislation offers a glimmer of promise that no family in Michigan will ever again endure the anguish we have faced," Myers added.

The mother of three was diagnosed with cancer in 2015. This pushed Myers and her husband to look at other ways to grow their family.

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"Thanks to modern medicine, I had the option to undergo an emergency egg harvest prior to starting my cancer treatments," Myers said.

With those eggs and a gestational carrier, the Myers welcomed their twins in January 2021. However, they were unable to gain parental rights for years due to a decades-old ban on paid surrogacy contracts.

"Two Grand Rapids judges denied our requests for the legal rights to our babies. In the early hours of their lives, we had no life-saving medical decision-making power for their care," Myers added.

Fortunately, in December 2023, the Myers were finally able to adopt their twins.

Now, lawmakers are considering nine bills aimed at eliminating barriers for families. The bills highlight protecting access to fertility care through surrogacy and in vitro fertilization.

"These bills update Michigan law to ensure that children born through assisted reproduction like IVF have a way to establish legal parentage. These bills not only update Michigan law but will put Michigan at the forefront of access to fertility health care," Rep. Samantha Steckloff said.

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If passed, this legislation would create a legal link between parents and children born via these methods.

It would also change Michigan's ban on surrogacy contracts.

"We can rewrite the narrative, ensuring every child is welcomed into the world with the love and security they deserve," Myers said.

There is some opposition to this legislation, including from the Michigan Catholic Conference.

"Significant concern as the legalization of surrogacy contracts and allowing compensation in exchange for a child at the core of such agreements is a contract for a human being," says Michigan Catholic Conference Policy Advocate Rebecca Mastee.

Myers sees it differently.

"Let us pave the way for a future where no family will ever have to endure the excruciating ordeal that has defined my life and my family's lives," Myers explained.

The Senate committee didn't vote on the legislation Thursday, but it already passed the House last November.

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