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One Michigan couple is experiencing an unforeseen nightmare: The state’s legal system has twice denied them legal rights to their biological twin babies born with the help of an uncompensated gestational carrier. Instead of being able to celebrate the two newest additions to their family, Tammy and Jordan Myers of Grand Rapids, MI are being forced to go through the legal process of adopting their children, a process that can be long, costly, and involves home visits, background checks, fingerprinting, and more.

Due to a previous cancer diagnosis, Tammy Myers was unable to bear children but she had frozen her eggs. The embryos, created with Tammy’s eggs and Jordan Myers’ sperm, were implanted in their gestational carrier via IVF. The gestational carrier then delivered the twins on January 11. Although Tammy and Jordan are the biological parents of the babies, the state of Michigan’s outdated laws say that the gestational carrier is the legal parent of the twins. The laws were created before it was even a medical possibility for a woman to bear another woman’s child.

Tammy and Jordan began the process of trying to obtain parental rights through the courts prior to their children’s births, but have been denied twice. Adding insult to injury, they believe judges in other Michigan counties have ruled in the biological parents’ favor in similar cases, sympathizing with the parents’ situation.

The couple is now resigned to going through the legal adoption process, believing they have exhausted their other options, but they are hopeful that the Michigan legislature will take action so that other intended parents will not find themselves fighting the same battle in the future. As it stands, Michigan will be the only state in mid-February 2021 that has not updated its fertility laws to address assisted reproduction and parental rights.

The Surrogacy Law Center helps protect intended parents’ rights. Contact us to learn more!