Doe v. Attorney General

Holbrook, Jr., P.J.

In this action for a declaratory interpretation of the Surrogate Parenting Act, MCL 722.851 et seq.; MSA 25.248(151) et seq., plaintiffs appeal as of right from an order of the Wayne Circuit Court granting defendant’s motion for summary disposition for failure to state a claim. We affirm in part and reverse in part.

Plaintiffs are infertile couples and prospective surrogate mothers. In their suit, filed on August 4, 1988, plaintiffs assert that if the Surrogate Parenting Act were interpreted as being an outright ban on surrogacy contracts for pay, the statute would deny them…