The Infertility Center of America facilitated over 600 surrogacy births
It's a little-known truth that the state of Michigan has a historic place at the forefront of the surrogacy movement in the United States.
It started with the pioneering work of attorney Noel Keane, who founded one of the first surrogacy agencies in the United States, until a harsh multi-decade ban was enacted, followed by its eventual overturning by Governor Whitmer in 2024.
The Beginnings: Noel Keane and the First Surrogacy Agency
In the early 1980s, a groundbreaking Michigan attorney named Noel Keane — one of five children of parents who had immigrated from Ireland — stepped into the surrogacy arena and forever changed the landscape of assisted reproduction. At a time when surrogacy was virtually unheard of and largely misunderstood, Keane dared to establish one of the first formal surrogacy agencies in the United States, opening doors for people who longed for a family of their own.
Based in Dearborn, Michigan, Keane’s agency — the Infertility Center of America — offered services that matched intended parents with surrogates, providing them with legal and emotional guidance through uncharted territory.
Keane’s agency gained national attention in 1980 when he orchestrated what is considered the first publicized surrogate agreement in the U.S. While surrogate arrangements had occurred informally prior to this, Keane’s involvement brought legal rigor to the process, defining roles and responsibilities for each party.
Known as a compassionate and dedicated professional, Keane’s efforts highlighted surrogacy as a viable path to parenthood, leading to a surge in demand for his agency’s services, and earning Keane the moniker "the father of gestational surrogacy."
Keane's agency in suburban Detroit helped couples from as far away as as far as New York and Texas, and he subsequently opened Infertility Centers in across the country to meet demand, in California, Indiana, New York and Nevada — bringing together surrogates and intended parents.
However, Keane’s work was not without its challenges. The highly publicized “Baby M” case in 1986, a surrogate dispute involving a couple from New Jersey, led to a wave of scrutiny and criticism directed at surrogacy.
The Baby M case, though it didn’t originate in Michigan, cast a long shadow over Keane’s work, sparking nationwide debates and influencing the way surrogacy would be viewed —and regulated — in the years that followed.
Michigan’s Surrogacy Ban and Legal Complexities
The controversy surrounding surrogacy came to a head in Michigan in the late 1980s. In 1988, the Michigan legislature passed what became one of the nation’s strictest anti-surrogacy laws, known as the Surrogate Parenting Act. The act made compensated surrogacy agreements not only unenforceable but also illegal, carrying fines and potential prison sentences for parties involved in paid surrogacy contracts. The law also prohibited legal recognition of surrogate agreements, effectively shutting down Michigan’s surrogacy industry.
For decades, Michigan’s restrictive stance on surrogacy remained one of the strictest in the country, causing many Michigan-based intended parents to seek arrangements in other states where surrogacy was legal. Meanwhile, advocates for surrogacy worked to educate lawmakers and the public, challenging prevailing stereotypes and dispelling myths about the process. Yet, Michigan’s legal landscape remained largely unchanged, leaving many prospective parents without options within the state.
A New Era: Re-Legalization of Surrogacy in Michigan
The restrictive era of Michigan’s surrogacy laws finally came to an end in 2023, thanks to a concerted effort by advocates, families, and supportive lawmakers. After years of debate and persistence from those affected by the ban, Governor Gretchen Whitmer signed a landmark bill called the Michigan Family Protection Act, re-legalizing surrogacy in Michigan.
“Decisions about if, when, and how to have a child should be left to a family, their doctor, and those they love and trust, not politicians,” said Governor Whitmer at the time. “If we want more people and families to ‘make it’ in Michigan, we need to support them with the resources they need to make these deeply personal, life-changing choices. The Michigan Family Protection Act takes commonsense, long-overdue action to repeal Michigan’s ban on surrogacy, protect families formed by IVF, and ensure LGBTQ+ parents are treated equally. Your family’s decisions should be up to you, and my legislative partners and I will keep fighting like hell to protect reproductive freedom in Michigan and make our state the best place to start, raise, and grow your family.”
Senate Majority Leader Winnie Brinks said "Today, we are taking tangible action to show the rest of the nation that Michigan is a place where anyone can pursue their dreams of parenthood without unnecessary hurdles." "After years of fighting hard to grant Michiganders the freedom to grow their families through surrogacy, it's an incredible relief and honor to be here today as this long-awaited legislation is finally signed into law.”
The first child born through gestational surrogacy, Jill Rudnitzky Brand, said I am so pleased to see the passage of the Michigan Family Protection Act." "When I was born in 1986, luckily, a judge ruled that my parents were legally my parents from birth. However, since 1988, that has not been the case for Michigan families. I am happy that those going through surrogacy in the state no longer have to worry about the whims of a judge's ruling around whose names should be on the child's birth certificate. I am glad to see the antiquated 1988 law scrapped once and for all."
"With this law, all Michigan families will now have equitable access to safe and secure parent-child relationships, and our state will have legal safeguards for family building through surrogacy, protecting all involved - parents, children, and surrogates" said said Stephanie Jones, Founder of the Michigan Fertility Alliance. "This family-focused law came to fruition thanks to the grit and unwavering determination of our grassroots group of parents with the support of advocates and experts."
The new law allows for compensated surrogacy agreements and provides legal recognition for both intended parents and individuals who choose to become surrogates in Michigan, ensuring fair compensation for surrogates and allignment with best practices, signaling a new era of inclusivity and compassion in Michigan’s family-building options.
Michigan’s updated surrogacy legislation, which balances protections for all parties with clear contractual guidelines, has revitalized hope for thousands of Michiganders. Many surrogacy agencies and advocates who had either relocated or suspended operations due to the previous ban are now able to resume their work in Michigan, building a network of support that ensures transparency, ethical practices, and empowerment for both intended parents and surrogates.
The law reflects the evolved understanding of surrogacy as a legitimate and meaningful path to parenthood — a journey that began with the pioneering work of Noel Keane and has been redefined for a new generation of hopeful families.
Looking Forward: Michigan’s Role in Modern Surrogacy
The story of surrogacy in Michigan underscores the state’s transformative journey from pioneering to prohibitive and finally, progressive. Michigan’s legislative changes not only honor the legacy of Noel Keane but also recognize the needs of today’s families. With modern, legally recognized surrogacy available once again, Michigan has reaffirmed its commitment to supporting diverse family structures and giving prospective parents the freedom to choose the path that’s right for them.
As Michigan continues to grow its surrogacy community, the state has the opportunity to become a model for surrogacy practices nationwide. By upholding ethical standards, ensuring legal protections, and nurturing a supportive environment for surrogates and intended parents, Michigan can once again be a leader in surrogacy, building on the trailblazing spirit of Noel Keane’s original agency.
Noel Keane died in 1997 and so sadly didn't live to see the draconian ban on surrogacy overturned. Right up until close to his death Keane continued his work from his office in Indianapolis — where surrogacy remained legal — matching surrogates with intended parents to create new families. In his obituary the New York Times quoted his sister Maureen Keane-Doran as saying that Keane had been hurt by criticism of his work. ''He knew what he was doing was right and good'' she said. ''People who had the kids gave him such gratitude that he kept going.''
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