On April 1, 2024, Michigan Gov. Gretchen Witmer signed a package of bills decriminalizing paid surrogacy in the state. The Michigan Family Protection Act protects surrogates and families using surrogacy and in vitro fertilization (IVF).
These laws will go into effect April 1, 2025. If you're interested in becoming a surrogate, we can help you prepare for when the law takes effect.
If you’re considering surrogacy in Michigan, understanding the surrogacy laws in your area can help you feel more prepared and confident going into your surrogacy journey.
When you work with an experienced surrogacy agency, you'll have a specialist by your side every step of the way to help you reach your surrogacy goals and have the family you’ve always wanted.
To learn more about becoming a surrogate in Michigan, contact us today.
To better understand the legal changes in Michigan, we’ve laid out some of the important laws to know in this state, provided by surrogacy attorney Dion Roddy.
Q: Is surrogacy legal in Michigan?
A: Yes. Surrogacy in Michigan is legal under the Michigan Family Protection Act. House Bills 5207-5215 regulate surrogacy in Michigan and protect surrogates, intended parents and children born through surrogacy.
Q: Is compensated surrogacy legal in Michigan?
A: Yes. The Michigan Family Protection Act ensures that all surrogates are able to be fairly compensated for the amazing service they are providing.
Q: Is traditional surrogacy legal in Michigan?
A: No. In addition to traditional surrogacy in Michigan being illegal, the process also would involve many potentially serious complications because of a surrogate’s genetic relationship to the child. That’s why many surrogacy professionals across the United States today will only complete gestational surrogacies.
Q: What does a surrogacy agreement in Michigan cover, and how does the legal process work?
A: Intended parent and surrogates will work with their repspective attorneys to create a surrogacy agreement, also known as a surrogacy contract. The contract establishes roles and responsibilities, surrogate compensation, parentage and decisions pertaining to surrogacy-related medical procedures.
Q: Are surrogacy contracts enforceable in Michigan?
A: Yes. Both surrogates and intended parents will have their own legal representation when drafting their surrogacy contract to ensure their invidivudals rights are protected.
Q: What are the surrogacy laws in Michigan on parentage orders?
A: There are no specific laws addressing parentage orders in Michigan. Courts will generally enter a pre-birth order for married intended parents where at least one parent is genetically related to the resulting child.
Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Michigan?
A: There are no particular laws that address non-citizens completing a surrogacy in Michigan. However, because of the limitations on surrogacy in Michigan in general, it’s advised that international parents pursue a surrogacy in another state to protect their rights and interests.
Q: When do intended parents need to complete an adoption after birth?
A: If a pre-birth order is not entered or cannot be entered, then the intended parents must commence an adoption in order to obtain parental rights and custody. These instances may include situations where only one intended parent is genetically related to the resulting child or, in the case of a traditional surrogacy, where the surrogate is genetically related to the resulting child.
Q: Does Michigan allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?
A: Michigan permits a single person or a married couple to adopt. Two unmarried persons cannot adopt together, as second-parent adoptions are not allowed.
Q: If intended parents cannot complete a second-parent adoption, how can unmarried non-biological intended parents protect their parental rights?
A: Currently there is no protection under Michigan law to protect the parental rights of unmarried couples — another reason why many intended parents choose to pursue surrogacy in another state in the Midwest.
Q: What happens in cases where intended parents use a donor egg, sperm or embryo?
A: The laws regarding use of a donor egg, sperm, or embryo are unsettled in Michigan. At least one of the intended parents must be biologically related to the child to be born in order for the possibility of a pre-birth order to be entered by a Michigan court. Otherwise, the child would need to be adopted by the intended parents in order for full parental rights to be vested in the intended parents.
Q: Are there any additional laws impacting same-sex surrogacy in Michigan?
A: No.
Q: Can we work with a fertility clinic in Michigan?
A: Yes, you can work with a fertility clinic in Michigan. However, since surrogacy has only recently been legalized in the state, it is a good idea to ask if your clinic has worked with surrogates before.
Q: Can we work with a surrogate in Michigan?
A: Yes, we work with Michigan surrogates, and you may be able to be matched with a surrogate in Michigan. However, depending on the criteria you are looking for and the availability of surrogates, it may be helpful to broaden your search beyond the state. You can view available surrogates here.
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To learn more about how we can help you meet your surrogacy goals, please contact our surrogacy specialists today at 1-800-875-2229(BABY).
State law information provided by:
Dion E. Roddy
(313) 278-8779
All information presented in this article is the opinion of the attorney and should not be taken as strict legal advice. Surrogacy laws in Michigan are always subject to change, so American Surrogacy recommends all prospective clients contact a Michigan surrogacy attorney to learn more about the current laws regarding surrogacy in this state.