Michigan's Assisted Reproduction and Surrogacy Parentage Act: A Closer Look
This week, Michigan state lawmakers are preparing to vote on the state’s first assisted reproduction and surrogacy parentage act. While this may initially appear to be a pro-child and pro-family initiative, a closer examination reveals a different story. The specifics of the bill, which pertain to assisted reproduction, reveal a preference for technology over biology, potentially undermining familial bonds and the well-being of children.
Understanding Assisted Reproduction
Assisted reproduction encompasses methods such as in vitro fertilization, artificial insemination, and the use of egg, sperm, or embryo "donors." The bill asserts that an intended parent is the legal parent of the child, regardless of who the biological parents are or what technology was used to conceive the child. In this scenario, a parentage contract, not biology, determines the child's legal parents.
Language and Terminology in the Bill
The bill consistently uses gender-neutral terms such as "individual" or "parent" to refer to all parties, including the surrogate mother. Notably, the words "woman, women, or mother" do not appear once in the bill. This language choice may seem inclusive, but it overlooks the biological fact that only women can become pregnant and bear children. This neutered language could potentially undermine the familial bonds that the bill ostensibly aims to support.
Implications for Donor-Conceived Children
The bill's handling of donor-conceived children is particularly concerning. Section 106 of the bill states that "a donor is not a parent of a child conceived by assisted reproductive under a surrogacy agreement." While this may be legally accurate, it disregards the biological reality that an egg or sperm "donor" contributes 50% of a child's DNA. This legislation creates an artificial barrier between a child and his or her biological parents.
Financial Aspects and Identity Issues
The bill also fails to address the financial aspects of egg and sperm "donation," which is a highly profitable industry. Sperm can be sold for up to $1,500, and a woman's eggs have a starting price of $2,500. In some cases, men can father more than 100 children through this process. Furthermore, Section 109 of the bill places an undue burden on children conceived from "donor" egg or sperm by sealing contractual agreements, including the use and identity of donor parents, from public view. This leaves children without access to half of their medical history, family origins, and extended family members unless they undertake a lengthy process to request that information.
Research from Harvard Medical School and the study "My Daddy’s Name is Donor" reveal that many adults conceived from donor egg or sperm experience identity issues, feelings of not fitting in with their parents, sadness or anger about their conception, guilt over their dissatisfaction, and poor mental health.
Proposed Changes to the Bill
Given the moral issues associated with this use of technology, the state should consider following Colorado's lead in prohibiting all anonymous egg and sperm donations. Recognizing children's desire to know their biological parents, it would be more beneficial to list all parties involved in the conception on birth certificates. This could include the child’s biological mother (egg donor), the child’s biological father (sperm donor), the surrogate mother, the in vitro fertilization technician, and the intended parents.
Conclusion
While it may seem unusual for a child to have multiple "parents," the current bill allows for such a scenario. This arrangement could potentially create an identity crisis for the children involved. The purpose of law should be to protect and promote human flourishing, not merely to ratify what is technologically possible. Family law, in particular, should prioritize the well-being of children, not the preferences of adults. Michigan’s parentage bill should be held to the same standard.
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Implications of Michigan's Assisted Reproduction and Surrogacy Parentage Act for New Businesses
The upcoming vote on Michigan's first assisted reproduction and surrogacy parentage act could have significant implications for new businesses, particularly those operating in the health and legal sectors. This legislation, which prioritizes contracts and technology over biology in determining parentage, could reshape the landscape of assisted reproduction and surrogacy.
Navigating the Legal and Ethical Complexities
New businesses in the assisted reproduction industry will need to navigate the complex legal and ethical issues raised by this legislation. They may face challenges related to the rights of donor-conceived children, the use of anonymous donations, and the commodification of reproductive materials.
Adapting to Changing Laws and Public Opinion
The proposed act underscores the rapidly changing laws and public opinions surrounding assisted reproduction and surrogacy. New businesses must stay informed and be ready to adapt to these changes, which could impact their operations, client relationships, and reputation.
Emphasizing the Well-being of Children
In conclusion, the upcoming vote on Michigan's assisted reproduction and surrogacy parentage act serves as a reminder of the importance of prioritizing the well-being of children in the development of such legislation. New businesses in this sector should strive to uphold this principle, ensuring that their practices promote human flourishing and respect for all parties involved.
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