In this tragic case in Michigan, Tammy and Jordan Myers transferred an embryo to a gestational surrogate, Lauren Vermilye, who gave birth to the Myers’ twins. Due to Michigan’s 1988 anti-surrogacy law, surrogacy is illegal in Michigan. Thus, the couple is being forced to adopt their biological infants. Michigan, Nebraska, and Louisiana are the only states to outlaw surrogacy. If Lauren Vermilye had given birth to the Myers’ twins in another state, the twins’ birth certificates automatically would name the Myers as parents.
According to their attorney, Tammy and Jordan Myers were aware of the Michigan anti-surrogacy law, but, said Tammy Myers, “We really, truly didn’t believe that someone could hear the history and not give us rights.” (Tammy is a breast cancer survivor.)
Sadly, unfortunately, and tragically, legal decisions often are based on strict case law, as we in the adoption world know too well. (I’m thinking of the many adoptees who have grown up in the US without legal paperwork and have been, or are at risk of being, deported–due to negligence by their adoptive parents, who may not have understood or else ignored paperwork requirements.)
The outdated Michigan anti-surrogacy law must be changed. Until then, the Myers must go through the FBI checks, fingerprinting, and social worker visits required of all adoptive parents.
Read the article and watch the news clip here.
Photo from CBS News.