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Michigan Senate committee takes up bills to repeal ban on compensated surrogacy agreements

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Michigan Senate committee takes up bills to repeal ban on compensated surrogacy agreements


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A Michigan Senate committee heard testimony Thursday on a package of bills aimed at expanding options for assisted reproduction as lawmakers consider a repeal of a decades-old ban on compensated surrogacy for parents who wish to have children, but are unable to carry out a pregnancy themselves.

House Bills 5207-5215 would establish the Fertility Health Care Act, which supporters argue will remove barriers to starting a family through assisted reproduction, like surrogate parenting. Surrogate parenting refers to the process in which a woman will carry a pregnancy and deliver a child for another family. 

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Michigan has had a ban on compensated surrogacy parenting since 1988. The process has still taken place in Michigan since then, but parents and advocates for surrogacy parenting say there are legal barriers which make it difficult for many in the state to have children if they are unable to through traditional means.

Previous efforts to repeal the ban have failed, but last November lawmakers in the Michigan House voted along party lines to approve a nine-bill package that would repeal the existing ban and establish the Fertility Health Care Act. If the Senate, which has a 20-18 split among Democrats and Republicans, were to pass the bills this year, they would be poised to advance to Gov. Gretchen Whitmer’s desk for her signature.

The Senate Committee on Judiciary, Public Safety and Civil Rights on Thursday took testimony from a group that included legal experts, parents whose children were born through surrogacy and medical practitioners who voiced support for the bills; as well as representatives from Right to Life of Michigan and the Michigan Catholic Conference who oppose the legislation.

Tammy Myers, of Grand Rapids, and her husband had their second and third children — a set of twins, born through surrogacy in 2021 — after Myers was diagnosed with breast cancer six years earlier and was no longer able to carry a pregnancy to term. The twins, a boy and a girl, were born earlier than expected — before the Myers could complete the legal process of adopting the children required by Michigan law.

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“Despite being their biological parents and having no opposition to the parentage from our carrier and her husband, my husband and I were denied the rightful recognition on the twins birth certificates,” Myers testified.

“In the early hours of their lives, we had no life-saving medical decision-making power for their care.”

It took nearly two years for the Myers to legally adopt the twins. Myers’ attorney, Melissa Neckers, of Grand Rapids, said Michigan’s existing laws don’t match modern fertility health care practices.

“These cases are happening a lot,” Neckers said. “People are entering into surrogacy agreements all the time in Michigan. The technology exists. People are desperate to have babies and the law has not caught up with that.”

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More: Troy woman struck by breast cancer finds surrogacy as a path to motherhood

Supporters for the Fertility Health Care Act said Michigan is the only state which currently has a ban on compensated surrogacy agreements.

The bill package does have opponents — Genevieve Marnon, legislative director for anti-abortion organization Right to Life of Michigan, said the state’s current ban on compensated surrogacy agreements prevents the “buying and selling of children.”

Marnon also raised concerns about the proposed legislation eliminating the penalties associated with current law for using minors or developmentally disabled women as surrogates. The bills considered by the committee Thursday require those entering a surrogate agreement to be at least 21-years-old, complete consultations with medical and mental health professionals and have independent legal representation.

“Our current law strikes a good balance between protecting vulnerable women and children while allowing infertile couples options to expand their families,” Marnon said.

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Rebecca Mastee, policy advocate for the Michigan Catholic Conference, also testified in opposition of the bills, raising concerns that the package currently doesn’t detail any requirements for the relationship between two individuals seeking to have a child through surrogacy.

House Rep. Samantha Steckloff, D-Farmington Hills, is the lead sponsor of the package. A survivor of breast cancer, Steckloff told the committee of how she delayed the start of chemotherapy by a month in 2015 to go through in-vitro fertilization (IVF), allowing her and her husband to possibly start a family of their own one day.

“Michigan is the only state in the nation with a criminal ban on surrogacy contracts,” Steckloff said. “Driving these arrangements underground only serves to put prospective parents and the children they hope to raise in legal jeopardy. House Bills 5207-5215 lifts this ban, and more importantly creates a clear legal link between parents and their children born through assisted reproduction.”

Steckloff also referenced a recent ruling in Alabama, where the state’s Supreme Court ruled in February that embryos fertilized through IVF are considered “extrauterine children” and legally protected like any other child. Advocates for IVF warn the ruling could restrict access to the practice if legal protections aren’t put in place.

Additional testimony on the package will take place next week, said Sen. Stephanie Chang, D-Detroit, who chairs the committee. It’s possible members could vote on reporting the bills to the full Senate floor then.

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Senate Majority Leader Winnie Brinks, D-Grand Rapids, has voiced support for the legislation, issuing a statement Thursday in which she said: “It is high time our laws evolve to mirror the advances made in assisted reproductive technology, and we are committed to empowering Michiganders to pursue parenthood without unnecessary hurdles.”

Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.

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Democratic control over Michigan House to end in disarray

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Democratic control over Michigan House to end in disarray


LANSING, MI – Amid infighting and Republican boycotting, Democrats’ final days of control over the state House will end in disarray, with dozens of bills now set to die on the floor.

The Michigan House will convene one last time this year, at 1:30 p.m. Dec. 31, only to adjourn the session. No bills will be taken up, Michigan House Democratic Caucus spokesperson Jess Travers said Thursday, Dec. 19.

Thursday’s House session, which was supposed to be the last one of the year, ended without any votes being taken due to a lack of necessary attendance, or quorum.

Michigan House Democrats order police to retrieve boycotting Republican members

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Some bills that were supposed to be taken up this week in the House included opening lawmakers and the governor to Freedom of Information Act requests, creating a program to help low-income households and seniors who struggle to pay their water bills, and more.

Now those bills, and hundreds of others that haven’t yet been approved by the House, will have to be reintroduced next year in a divided government, with Republicans controlling the House.

The state Senate remains in session Thursday evening and is scheduled to return for session Friday and Monday. The Senate can still send bills to the governor that have already been approved by the House, such as an expansion of the state’s hate crime law.

The Senate will push on amid what Senate Majority Leader Winnie Brinks, D-Grand Rapids, said was the House abandoning major legislation that would have helped Michigan residents.

“I am deeply disappointed that the House of Representatives called it quits while so many great pieces of legislation were ready for the green light,” Brinks said. “Legislators are tasked with the responsibility of using every tool available to advocate for their constituents and communities, and ‘frustrated’ is too light of a word to describe my dismay that the House failed to meet its obligations in this historic moment.

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“The Michigan Senate is still in session, and we have the opportunity to do good – a lot of good. In the coming hours, residents can count on us to act on key items that will protect the state’s children, improve on-the-job rights for workers, and more.”

Gov. Gretchen Whitmer’s office did not return a request for comment.

The House was brought to a halt this week by attendance issues that stopped lawmakers from acting on any bills due to a lack of quorum.

The lack of quorum caused an early adjournment without voting first on Wednesday and then again on Thursday.

House Republicans had boycotted every session since Friday, demanding Democrats take up legislation to stop an impending minimum wage hike to $15 and a removal of the sub-minimum wage for tipped workers. The measures weren’t put on either Wednesday’s or Thursday’s agendas.

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That left Democrats needing all 56 members to attend session for a quorum. But Rep. Karen Whitsett, D-Detroit, refused to attend unless certain priorities, like money for Detroit Public Schools, the water affordability program and retaining tipped wages, were taken up.

Party infighting, GOP protest halt Michigan House session as Democrats’ control nears end

In a rare move, House Speaker Joe Tate, D-Detroit, on Thursday issued a call of the House, compelling all representatives, specifically the absent Republicans and Whitsett, to attend session or be brought in by police.

“Being a leader means showing up for work & showing up for the people you serve,” Tate wrote on social media around 1:20 p.m. Thursday.

That effort didn’t work, and an hour later Democratic leadership announced the session would adjourn due to a lack of quorum. That’s when the final Dec. 31 session day was scheduled.

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Travers confirmed the call of the House has been canceled.

After the House adjourned Thursday, Whitsett appeared in the Capitol Building alongside the Republican leader in the House, House Speaker-elect Matt Hall, for an interview with reporters.

One of Whitsett’s conditions for attending session was that the bill package creating the water affordability program would be taken up by the House. After she skipped Wednesday’s session, the item was added to the agenda Thursday.

However, Hall said Democrats put the bill package on the agenda to “bait” Whitsett into attending session Thursday and never intended to approve it.

Once she was in the Capitol Building, Tate issued the call of the House with the intention of compelling Whitsett to attend session and not being able to leave, he claimed.

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“When she told me that she made the decision to come up here to Lansing because she wanted to fight for the people of Detroit and her district and get some specific issues done for Detroit, I told her she was welcome in my office and I would help her get those done, even the ones that I don’t agree with and I’m not going to vote for,” Hall said. “We wanted an honest conversation, a negotiated deal, so all those bills for Detroit would get done.”

Hall said that rather than negotiate a deal, Tate sought to compel Whitsett’s attendance.

Whitsett said one of her largest priorities was getting the House to take up legislation that would’ve provided millions of dollars for Detroit Public Schools. But that was never put on the agenda.

“These are all promises never kept. This is the poorest leadership I have ever seen in my six years,” Whitsett said of Tate. “It’s a doggone shame in order to get help on issues I had to go to the Republican leader. What does that say about (Tate)?”

Hall will lead the Republicans in their House majority next session. The Senate will remain under Democratic control.

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When can I buy alcohol on Christmas in Michigan? What to know

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When can I buy alcohol on Christmas in Michigan? What to know


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If you’re planning to have a glass of wine, a mixed drink or beer on Christmas, you should plan to stock up ahead of time.

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Michigan cuts off alcohol sales at bars, restaurants and stores early on Christmas Eve, and prohibits sales on Christmas until mid-day.

Here’s what you need to know:

When can I buy alcohol on Christmas?

Michigan closes alcohol sales at midnight on Christmas Eve and prohibits sales until noon on Christmas Day. The restriction applies to all licensees that sell alcoholic liquor for consumption on or off the licensed premises.

Who can buy alcohol in Michigan during the holidays?

State law restricts alcohol purchases to people who are 21 and older. On Christmas, the most recent legal birth date will be Dec. 25, 2004.

However, cashiers, clerks, bartenders, waiters and waitresses, and others are prohibited from selling to any visibly intoxicated patron regardless of age.

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Does eggnog contain alcohol?

The holiday drink can be made alcohol-free or include a spirit.

Spirited versions often include bourbon, rum or brandy.

What are alcohol sales hours on New Year’s?

While Christmas hours are generally shorter, locations that sell alcohol for on-premises consumption are allowed to remain in operation New Year’s Eve until 4 a.m. on Jan. 1. Patrons may consume alcohol until 4:30 a.m.

Can I buy alcohol in another state and bring it home for the holiday?

A person of legal age may bring up to 312 ounces of alcoholic liquor that contains less than 21% alcohol by volume — about 24 12-ounce containers of beer or 12 750-milliliter containers of wine — from another state without prior approval.

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Can I purchase alcohol online and have it shipped to me?

Yes, in some cases. Michigan requires a special direct license for out-of-state shippers.

Bell’s Brewery notes that shipping beer directly to consumers is illegal in Michigan, but that some third-party companies can handle the transaction via retailers. UberEats lists alcohol delivery from retailers as a service on its website.

The U.S. Postal Service prohibits most shipments of alcohol.

If you purchase from a business, FedEx will ship alcohol.

UPS lists alcohol as a restricted item, which it ships under specific criteria.

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Michigan Tech coach after win over Green Bay: ‘Nobody U’ wasn’t dig by Doug Gottlieb

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Michigan Tech coach after win over Green Bay: ‘Nobody U’ wasn’t dig by Doug Gottlieb


If you want to say Michigan Tech is in the middle of nowhere, we’ll allow it. The men’s basketball team traveled four hours by bus to Green Bay for a game Wednesday, and then four hours back to campus in Houghton, in the ear of the Upper Peninsula, and that’s the shortest road trip it will have all season.

Just don’t called Michigan Tech “Nobody U,” not anymore, not after the Division II program made national headlines Wednesday with its 72-70 win over Division I Green Bay.

The win came after Green Bay’s new head coach, sports-media personality Doug Gottlieb, made the “Nobody U” comment ahead of the Michigan Tech game ― though Gottlieb has insisted he wasn’t speaking specifically of Michigan Tech, and Michigan Tech head coach Josh Buettner didn’t take it personally, either.

Of course, that didn’t stop Buettner from using the clip of Gottlieb as motivation for his players in practice this week.

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“I listened to his press conference. I’m not trying to squash (Gottlieb’s comments), but if you read the whole thing, I don’t think it’s a direct shot at us,” Buettner told The News after arriving back on campus Wednesday night. “(But) we had showed the guys (the clip). Any form of motivation you can get, you’re gonna do it.

“We were somewhat prepared that it would be a pretty big story (after Tech won) … and it’s even more than what I thought it would be. I’m happy for the guys. I’m happy for Michigan Tech.”

Gottlieb, 48, has been a lightning rod this season, his first as a Division I had basketball coach, in large part because he continues to host his daily talk show on Fox Sports Radio.

The double-dipping was embraced locally in Green Bay, because Gottlieb was certain to bring visibility to the program in an era where visibility ― and donor dollars ― are so paramount. Of course, visibility doesn’t seem like such a good thing anymore, as Green Bay is off to a 2-11 start after the loss to Michigan Tech (the game was an exhibition for Tech, but not for Green Bay), including eighth straight losses.

Green Bay’s struggles are so bad that it even led to an X (formerly Twitter) war of words between ESPN’s Adam Scheffter and Gottlieb on Tuesday, when Gottlieb questioned Schefter’s sources on a story, and Schefter responded by telling Gottlieb to spend less time on social media and more time coaching his team, as the losses are piling up.

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“Obviously, everybody knows Coach Gottlieb’s gonna have a little bit of a target … hosting that radio show, he’s putting himself out there,” Buettner said. “He’s kind of in a no-win situation when the world’s looking at and listening to everything you have to say.”

Following Michigan Tech’s win Wednesday, before a crowd of more than 5,000 (including many Michigan Tech alums and fans) at Resch Center in Green Bay, many X users took a dig at Gottlieb over losing to “Nobody U.” Gottlieb took exception, saying he was “done with this crap” and that he never disrespected any opponent.

Buettner backs up Gottlieb’s comments, and even pointed out that Gottlieb was complimentary of Michigan Tech on a podcast leading up Wednesday’s game.

Gottlieb’s point with “Nobody U,” he said, was that he was going to have to rethink how he scheduled in the future. He scheduled tough this season, with games against Oklahoma State, Providence and Ohio State, and that it hasn’t looked pretty. And next up is a game at Drake, which is teetering on the brink of the Associated Press Top 25, on Saturday, It’s a fine line, Gottlieb said; he made the argument you can learn more your team losing to a power program that beating a low-level program, and that’s where he threw out the “Nobody U” line.

“We just happened to be the DII team that was coming up right after he said it,” Buettner said.

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Michigan Tech, with the win Wednesday, sent a statement to the rest of a very good Great Lakes Intercollegiate Athletic Conference that it means business. Michigan Tech is 7-3 on the season, including 2-0 in the GLIAC.

The Huskies won behind a 30-point game from junior guard Marcus Tomashek, who just happens to be a Green Bay native, but wasn’t recruited by the program in the years preceding Gottlieb’s stunning hiring in May. Tomashek is averaging 24.1 points on the season, not including the Green Bay exhibition. He’s scored 30 in a game three other times, and 40 once. It was fun to see, Buettner said, though he knows Wednesday’s performance almost certainly should put Tomashek on the Division I radar should be want to transfer up after the season.

Tomashek is one of 10 Wisconsin natives on Michigan Tech’s roster; the other six are Michigan natives. The school is academics first, known for its engineering. So Buettner, a former Michigan Tech standout, has played the long game since he was hired in April 2021, developing players out of high school. Many of those players are juniors and seniors now, and the fruits of his labor are shining through.

That’s the story Buettner wants to talk about, not the Gottlieb criticism. For the record, the two didn’t say much in the handshake line Wednesday. Gottlieb congratulated Buettner, and then walked away, to face a firestorm on X. Buettner, meanwhile, got in the bus, for the four-hour ride home ― a drive that, suddenly, didn’t seem so bad.

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“It didn’t, and that’s short for us. The Chick-fil-A tasted great,” Buettner, whose team got paid a few thousand bucks to play Green Bay, said with a chuckle. “It was a great opportunity for us going into the Christmas break. … And people are talking about Michigan Tech, and Michigan Tech is a great university and a great place.

“It’s awesome for Michigan Tech. It’s a really good school in a unique part of the country.”

In the middle of nowhere, perhaps.

Nobody U, not so much.

tpaul@detroitnews.com

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@tonypaul1984



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