Couple Denied Legal Rights to Biological Twins Due to Outdated Fertility Laws

Submitted to Surrogacy Stories

After Tammy Myers was diagnosed with breast cancer 5 years ago and had her uterus removed to avoid a cancer recurrence, she and her husband connected with Lauren Vermilye to be their surrogate. 

In an interview, Vermilye noted that since she and her husband had two children of their own, she wanted to be a carrier for a family in need. A grateful Myers said, "For once we were finally given this amazing beautiful gift and Lauren came into our lives and carried our sweet babies."

On Monday, January 11, Vermilye delivered Eames and Ellison, with Myers and husband Jordan in attendance. The twins were conceived from Tammy's frozen eggs (harvested before her cancer surgeries) and Jordan's sperm, with embryos implanted via IVF.

Although the twins are biologically the Myers' children, the state of Michigan does not recognize them as such. "The law is very outdated and was created during a time when women could not give birth to a baby that wasn't their own, so it made it kind of impossible for me to be recognized as the mother," explained Tammy Myers in an interview. 

According to Melissa Neckers, a family attorney, Michigan's Surrogacy Parenting Act makes compensated surrogacy illegal for carriers and intended parents. Even if a carrier isn't compensated, any agreement the parties come to isn't acknowledged in court.

For now, the couple is spending every possible minute visiting their babies in the NICU, and beginning the long, expensive, and invasive process to adopt their twins, which will involve home studies, background checks, and fingerprinting. Find their story and video here and in this interview

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