When Family Formation and Estate Planning Converge: A Landmark Win for Autonomy in Michigan

At Family Advocates, we often work with clients at pivotal life moments—building families, planning for the future, and making deeply personal decisions about care, responsibility, and planning for the future. Increasingly, these areas intersect in ways that are profound, complex, and deeply emotional.

A recent court decision in Michigan highlights just how critical that intersection can be.

Last week, a Michigan court struck down a law that prevented pregnant individuals from having their end-of-life medical decisions honored. This ruling is not only a major victory for reproductive freedom—it is also a powerful affirmation of the importance of thoughtful, client-centered estate planning.

The Legal Issue: When the State Overrides Personal Decision-Making

The case challenged a “Pregnancy Exclusion” in Michigan law that prohibited a person’s chosen decision-maker—often called a health care proxy or patient advocate—from refusing life-sustaining treatment if the patient was pregnant.

In effect, this meant that even if someone had clearly expressed their wishes about end-of-life care through advanced healthcare directives or other similar documents, those wishes could be ignored solely because of pregnancy.

The court found this unconstitutional, recognizing that the law created a blanket exception to personal autonomy based on a single factor: pregnancy.

Why This Matters for Families

For many of our clients, especially those navigating assisted reproduction, surrogacy, or non-traditional family formation, legal planning is not abstract—it is essential.

This case underscores several key realities:

1. Reproductive and End-of-Life Decisions Are Deeply Connected

Decisions about whether and how to grow a family are intimately tied to decisions about health, bodily autonomy, and medical care. The law is increasingly recognizing that these rights cannot be separated.

2. Advance Planning Is Critical

In Michigan, where there is no formal living will statute, individuals rely heavily on appointed decision-makers. Even in states with more robust frameworks, gaps and exceptions can exist. Thoughtful planning—including advance directives and clear designation of decision-makers—is essential to ensure your wishes are honored. This is also essential for those who need the assistance of a surrogate to create and/or expand their family.

3. Pregnancy Should Not Diminish Legal Rights

This decision affirms a fundamental principle: pregnancy does not erase a person’s right to make decisions about their own body, their medical care, or their dignity. Additionally, when surrogates legally agree to bear a child for another, they do not surrender their rights, bodies or lives. Their wishes and wellbeing must also be respected.

A Broader National Landscape

Michigan is one of more than 30 states that have had laws limiting advanced directives during pregnancy. These laws have, in some cases, led to devastating outcomes—where families are forced to endure prolonged medical intervention against a loved one’s wishes.

Encouragingly, there is growing momentum to challenge and repeal these laws. Michigan now joins states like Colorado and Washington in recognizing that these exclusions are both harmful and unconstitutional.

What This Means for You

At Family Advocates, we see firsthand how important it is to ensure that your legal documents reflect your values, your relationships, and your intentions—especially in moments of vulnerability.

This decision is a reminder to:

• Review and update your advance healthcare directives

• Clearly designate a trusted decision-maker to make decisions should you or someone carrying your child on your behalf become incapacitated

• Ensure your estate plans account for the potential risks and health-implications of pregnancy and utilizing fertility care

• Work with counsel who understands how family formation and estate planning intersect

  
  

Our Approach

We approach this work with both legal precision and deep compassion. Whether you are planning for parenthood, navigating assisted reproduction, or updating your estate plan, our goal is to ensure that your voice remains central—no matter the circumstances.

Because at the end of the day, these are not just legal documents. They are expressions of your values, your relationships, and your right to make decisions about your own life.