Couple who had to fight to adopt their OWN biological children born via surrogate end legal battle

A Michigan couple who were told they would have to fight to adopt their own biological children – after they were born via surrogate – have finally ended their 18-month legal battle to claim their kids.

When Tammy Myers, from Grand Rapids, Michigan, was told that she was unable to carry more children after recovering from breast cancer, she and her husband, Jordan Myers, decided to turn to surrogacy.

Their biological twins, Eames and Ellison, were born via a gestational carrier in January 2021 – but the pair never imagined that they’d spend more than a year struggling to become their new babies’ legal parents.

However, after a grueling, 20-month battle with the Michigan courts, a judge has finally ruled in their favor.

When Tammy Myers, from Michigan, was told she was unable to carry more children after recovering from breast cancer, she and her husband, Jordan, decided to turn to surrogacy

Their biological twins, Eames and Ellison, were born via a gestational carrier in January 2021. Tammy is seen with the carrier, named Lauren, and her daughter Ellison after the birth

 But the pair (seen with their twins after their birth) never imagined that they’d spend more than a year struggling to become their new babies’ legal parents

‘Words cannot express how excited we are to put this adoption process behind us,’ Tammy told People magazine recently.

‘This ongoing whirlwind has become our normal, and this craziness has all led to this special moment.’

Tammy and Jordan – who also have a 10-year-old daughter, named Corryn, who was conceived naturally – began trying for a second child in 2014.

After a grueling, 20-month battle with the Michigan courts, a judge has finally ruled in their favor. The twins are seen in November

But those plans were put on hold when Tammy found a lump on her breast and was diagnosed with cancer.

‘The diagnosis was earth shattering. Everything moved so quickly because of how aggressive breast cancer is in young women,’ she recalled to People in a previous interview. 

‘The oncologist sat me down and told me how serious it was. I asked, “How long do I have?” and then, “Can I have more children?” [The doctor] teared up and looked at me and said, “No, not the traditional way.”‘

Tammy then decided to freeze her eggs, knowing that they would have to use a gestational carrier if they wanted more biological children. 

After detailing their situation in a Facebook post, a friend of a friend, named Lauren, reached out and offered to help. Lauren, who was a mother-of-two herself, agreed to carry their twin babies without any compensation, as a gift to the couple. 

Tammy and Jordan used a fertility clinic in Grand Rapids, where her eggs were fertilized with Jordan’s sperm – and the embryos were then implanted into Lauren. 

While the couple was aware that surrogacy was difficult to navigate in Michigan, Tammy admitted that they didn’t really know what they were getting themselves into.  

The pair – who also have a 10-year-old daughter, named Corryn – began trying for a second child in 2014. But those plans were put on hold when Tammy was diagnosed with cancer

Tammy then decided to freeze her eggs. And after detailing their situation in a Facebook post, a friend of a friend, named Lauren, reached out and offered to help

Tammy and Jordan used a fertility clinic in Grand Rapids, where her eggs were fertilized with Jordan’s sperm – and the embryos were then implanted into Lauren (seen with Tammy)

The couple applied for a pre-birth order, which would have ‘given them legal rights to the baby before they’re even born,’ but the babies were born eight weeks early – before it was approved

Michigan’s Surrogate Parenting Act of 1998 states that any agreements made between gestational carriers and parents won’t be recognized in court. 

‘[Our attorney] did say, worst-case scenario, we’d be forced to adopt, but she didn’t believe that would be the case,’ Tammy told People.

‘First we tried for a pre-birth order. Over 75 couples in Michigan who are in our exact same situation [received] pre-birth orders, which basically gives them legal rights to the baby before they’re even born. We started that process — but the babies were born eight weeks early.’ 

Without the completion of the pre-birth order, they had to try to get emergency legal rights to the twins, but their request was denied. 

They then petitioned for Jordan to get paternal rights as the babies’ biological father, but that was also denied. If it had been approved, the law would require Tammy to adopt her biological twins as a step-mom because she did not carry them herself. 

Despite not being legally recognized as their birth parents, the babies have been in Tammy and Jordan’s care since their birth, with the full agreement of Lauren – so Tammy explained that not much in their day-to-day lives will change.

‘We have had them in our care since they were released from the NICU, and from a medical standpoint, we are their parents,’ she explained.

Without the completion of the pre-birth order, they had to try to get emergency legal rights to the twins, but their request was denied

Michigan’s Surrogate Parenting Act of 1998 states that agreements made between gestational carriers and parents won’t be recognized in court. The twins are seen after their birth

Despite not being legally recognized as their birth parents, the babies have been in Tammy and Jordan’s care since their birth – so Tammy said not much in their day-to-day lives will change

‘There have been a few occasions where [we’ve been asked], “Are you the parent or the legal guardian?” And we do have to say, technically, that we are the legal guardian. Now, we’ll finally be able to say, “These are legally our children.”‘

Lauren – as well as her husband, Jonathan – are very much involved in the twins’ lives, and serve as their godparents. 

 ‘From a medical standpoint, we are their parents,’ she explained. ‘Now, we’ll finally be able to say, “These are legally our children.”‘ Jordan is seen with the twins and their other daughter

While Tammy called it a ‘long, two-year process,’ she said the timing of their adoption being approved was ‘perfect with the recent introduction of the new surrogacy bills in the Michigan House of Representatives.

‘It’s a great day: We are finally being recognized as our biological twins’ legal parents, and I’m feeling very hopeful that we will see a change to this crazy, outdated Michigan law,’ she gushed.

Michigan Senators Winnie Brinks and Curtis Hertel Jr. and Representatives Samantha Steckloff and Christine Morse recently introduced four new bills in an attempt to update the state’s surrogacy laws.

‘Michigan is one of the only states with a law so restrictive that it forces intended parents to adopt their own children born via surrogacy,’ Winnie previously said in a statement.

‘It is well past time that our laws reflect the advances in assisted reproductive technology that allow Michiganders to have the freedom of fulfilling their dreams of becoming parents and growing their families through surrogacy.’

Samantha, a breast cancer survivor like Tammy, added: ‘I know that there are many Michigan families like mine who are looking to surrogacy as the only path toward building a family.

‘Although this journey has been traumatic and long, it has also been pretty amazing at the same time,’ Tammy (seen with the twins and her other daughter) said

‘Every moment represents another puzzle piece that has fallen into place,’ she added. ‘The big picture is finally clear, and my heart is so full.’ The couple’s three kids are seen in November

 While Tammy and Jordan have finally won their legal battle, Jordan said the ‘fight’ is far from ‘over.’ He is pictured with the twins in October

‘We have been working on this issue for years now, and I look forward to continuing to work hard to get it to the Governor’s desk.’

While Tammy and Jordan have finally won their legal battle, Jordan said the ‘fight’ is far from ‘over.’

‘It’s over with from our case’s standpoint, but hopefully we’ll eventually get these bills put in place where things will change for the better,’ he added.

As for the twins, they’ve already started walking and talking, with Eames’ first word being ‘no’ and Ellison’s being ‘uh-oh.’

‘They’re so much fun and have changed so much over the past year,’ Tammy gushed. 

‘They were a little bit behind because they were preemies, but over the past year they’ve fully caught up growth-wise and developmentally. They’re happy, full-of-life little toddlers.

‘Although this journey has been traumatic and long, it has also been pretty amazing at the same time.

‘With support coming from people around the globe, it’s also hard not to feel that every single aspect of this experience was part of a much bigger plan – every moment representing another puzzle piece that has fallen into place. The big picture is finally clear, and my heart is so full.’