In a post on Facebook, the couple described their story and needed to find an unpaid volunteer willing to help them give birth to a baby. Ms. Vermilye, 35, who also lives in Grand Rapids, read the mail and sent them a message that she was interested.

“My husband and I had spoken about my gift of being very easy to carry and deliver,” said Ms. Vermilye, who has a girl and a boy who are 6 and 9 years old. “We found it kind of unfair that we had it so easy and have friends and family who don’t. “

In June 2020, embryos created by in vitro fertilization with Ms. Myers eggs and Mr. Myers sperm were transferred into Ms. Vermilye’s uterus in a process known as gestational surrogacy.

Ms. Vermilye and her husband Jonathan became close friends of the Myerses. The Vermilyes have made affidavits through their attorney Dion Roddy stating that they are not the birth parents of the twins.

But judges in Kent County, Michigan have refused to give the Myerses a hearing.

“While this court has serious concerns about the wisdom of the Surrogate Parenting Act of 1988 today, such concerns should better be left to the legislative / political arena,” wrote Judge Daniel V. Zemaitis in a December 3 ruling in which the parents of Couple’s rights were denied.

Mr Roddy said other judges in the state granted parental rights when the biological father sought them. In January, just before the twins were born, Mr. Myers and Ms. Vermilye filed another motion asking the court to grant Mr. Myers parental rights.

But four days after the twins were born, another judge, Scott Noto, denied the motion, saying he was being asked to validate a contract the state had annulled. “The court has no power to enforce such a treaty,” he wrote.