Michigan’s new surrogacy law enables mom of 4 to help cancer-affected couple

A cancer diagnosis once raised doubt about whether Nicole and Zach Horneber would be able to have biological kids together.

Their fear was put to rest. The Bay City-area couple went on to bring four healthy children into the world over the last six years.

However, the uncertainty led to Nicole Horneber’s interest in surrogacy, or the arrangement in which a woman carries a pregnancy for another person or couple.

“Dealing with that uncertainty made me realize there are lots more people out there with the same issue,” said Horneber, a 35-year-old occupational therapist. “I realized I should help those out there who can’t carry their own biological children.”

Until recently, Michigan’s laws didn’t allow for paid surrogacy and made the process difficult and costly for the intended parents. That changed this month when updates made to the parental law in 2024 took effect.

The new laws allow for paid surrogacy agreements, as long as the surrogate is eligible and all parties have legal representation. It also recognizes the rights of the intended parents, allowing their names to immediately be placed on the birth certificate.

Horneber has moved forward with her plans to be a first-time surrogate, thanks to the added protections and ability to be compensated. The couple she intends to carry for can’t have biological children as a result of their own battle with cancer.

“I probably wouldn’t be doing this if not for the law changing,” she said. “There are more safeguards in place for the surrogate. It’s much safer and more legally figured out so everyone is protected.”

Michigan’s new law stems from a nine-bill package known as the “Assisted Reproduction and Surrogacy Parentage Act,” which the legislature passed last spring. The bills were largely Democrat sponsored and supported.

Gov. Gretchen Whitmer called the bills “commonsense” and “long overdue.” Michigan was one of three states that didn’t allow paid surrogacy, according to the Boston-based family planning centers Circle Surrogacy.

To enter into a surrogacy contract, all parties involved must be at least 21 years old, have independent legal representation, and undergo a mental health evaluation. The surrogate would also be required to have previously given birth and must be seen by a physician.

The surrogate is also granted the right to make all health and welfare decisions regarding the pregnancy and delivery of the baby. The surrogate is also granted the right to choose their own doctor for the pregnancy.

State Rep. Samantha Steckloff, D-Farmington Hills, one of the package’s sponsors, said the bills eliminate barriers to parentage in fertility health care, allowing Michiganders more ways to grow their families.

Among the more than a dozen groups that voiced support for the new surrogacy laws were the ACLU of Michigan, Center for Reproductive Rights, and several LGBTQ+ and family equality organizations.

Opposition was noted by representatives of the Michigan Catholic Conference and Right to Life of Michigan.

“Providing payment for services rendered turns the generous act of being an altruistic surrogate into a money-making proposition which in turn creates a market that can and does exploit poor and vulnerable women,” Genevieve Marnon, legislative director for Right to Life of Michigan, shared with House Judiciary members in November.

Horneber worked with a New York-based group, Brownstone Surrogacy, to find a couple that had similar expectations for a surrogacy agreement. That included aspects like the surrogate’s diet and lifestyle choices, and if/when they’d terminate the pregnancy over health concerns.

Since being paired up, the Hornebers and their intended parent couple from outside Michigan have met once and continue to talk via text. Their lawyers are reviewing their agreement before moving forward with the process.

The Michigan mother of four described her three pregnancies, the last of which resulted in twins almost two years ago, as easy. Since she and her husband, Zach, don’t plan on having any more children of their own, she wanted to help another couple grow their family.

At first, Zach had reservations, Nicole said. She had him write down his questions, and upon providing him with more information, “he was fully on board.”

As for the kids, the twins are too young to understand. The older kids, age 5 and 6, seem to grasp the idea, thanks to a few children’s books that explore surrogacy.

“They think it’s really cool mommy is going to carry a baby for a couple who can’t,” she said.

Horneber said the pay was a significant draw, given the time commitment of having another pregnancy. Brownstone estimates the base compensation for a surrogate to be $50,000 to $65,000, with higher pay for an experienced surrogate.

Surrogates also have their medical expenses covered, and may receive additional allowances for things like maternity clothing and housekeeping fees.

Horneber plans to keep working during her upcoming pregnancy, as will her husband, who is in the refining/farming industry. She said the third income will give them more financial freedom and help pay down debts.

“There is such a shortage of gestational carriers and so many intended parents that need this blessing,” she wrote on Facebook. “If you have ever thought about it or are intrigued, just know I’m so open to sharing the process and answering any questions I can.”