Michigan Couple Is Forced To Adopt Their Biological Twins Due to Surrogacy Laws

A Michigan mother thought her fight with breast cancer would be the hardest battle of her life, but she had no idea what was ahead. Tammy Myers, 42, and her husband, Jordan, were already parents to a daughter but had always dreamed of expanding their family. Tammy Myers was diagnosed with cancer in 2015, and the couple opted to use a surrogate, who delivered the couple's twins in 2021. Because of their state's law, however, the parents were forced to adopt their own biological children.

The Myers family began their fight with the state of Michigan challenging surrogacy law, and a recent court hearing put them one step closer to making a positive change for families who opt for surrogacy.

The couple raised their children with no interference from the surrogate mother.

Tammy and Jordan Myers explained that their surrogate acts as the twins' godmother and has always supported their parental rights, People reported. But when then the babies were born, a judge reportedly denied an emergency request for parental rights. The couple knew at that very minute they were in for a fight.

"Jordan said right then that they were messing with the wrong momma bear," Tammy Myers told People. "Truthfully, from that moment on my drive was never going to be over until we got to this point."

The couple started their fight that day.

Their twins, son Eames and daughter Ellison, were born in January 2021 but were not legally adopted by the family until December 2022. The adoption took nearly two years, and the battle to update Michigan’s surrogacy laws has been more than three years in the making.

"It's never felt done because for me, the end wasn't our adoption. The end was changing and writing this wrong, that I didn't want any other family to go through this," Tammy Myers told People. "The whirlwind of the last three years and the trauma that has ensued because of it, I was so fixated on the end goal that it was a race to get across the finish line."

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Tammy Myers took the stand before the State Senate in early March.

Her hard work culminated on March 7, 2024, when she testified in court in support of the Michigan Family Protection Act, which, if passed, will repeal the last criminal ban on surrogacy in the United States. The bill passed the House in November 2023, according to People.

The mother's experience changed her.

She wrote on Facebook following the hearing about why she felt so passionate about fighting for American families.

"Reflecting on the journey that led me here, from the heart-wrenching experience of my twins' premature birth in 2021 to the ongoing legal struggle with outdated surrogacy and parentage laws in Michigan, fills me with a mixture of pain and determination. But today, surrounded by fellow advocates and allies, I felt a swell of pride for my home state," her post reads. "If we are able to join together and pass these bills through Michigan S[t]ate legislation, these bills will literally change lives for countless families facing similar infertility struggles to our family across the state. Above all these bills will PROTECT THE CHILDREN, Families, Carriers, and Providers evolved in assisted reproduction and family building efforts like IVF and Gestational Surrogacy."

It looks like there is hope.

Michigan Governor Gretchen Whitmer posted on X about the bill and her anticipation of passing it into law.

"I look forward to reviewing and then signing the Michigan Family Protection Act when it reaches my desk. I will continue working closely with my partners in the Michigan Legislature to make our state the best place to start, raise, and grow your family," she tweeted.

Tammy Myers added to her Facebook post that she will continue to fight for what she believes in.

"As we continue on this journey, I want to emphasize the importance of strategic action. Let's wait for the Michigan Family Protection Act to reach the Senate. When it does, your emails and calls to senators will be instrumental. Your support means everything to us, and we're deeply grateful for it. Please bear with us a little longer as we navigate these hurdles."