Beginning April 1, 2025, Michigan will formally permit legally enforceable surrogacy agreements for the first time in decades. Previously, Michigan stood alone as the only state with both criminal and civil prohibitions on surrogacy, rendering any such agreements unenforceable.

This situation changed with the passage of the Assisted Reproduction and Surrogacy Parentage Act (also known as the Family Protection Act), which was signed into law in 2024. This legislation provides legal safeguards for intended parents, surrogates, and children born through assisted reproduction techniques. Under the Assisted Reproduction and Surrogacy Parentage Act, intended parents in Michigan can now be automatically recognized as the legal parents of children born through surrogacy arrangements. This means their names will appear on the birth certificate without requiring a post-birth adoption process as was mandated by previous law.

This legislative change creates new opportunities for many individuals hoping to begin or grow their families.

Here's what you need to understand about the new legislation:

Key Points

• Surrogacy agreements will now be legal and enforceable in Michigan.
• Both traditional and gestational surrogacy are included in the law.
• The legislation includes protections for surrogates, intended parents, and children.
• Specific criteria must be satisfied to enter a surrogacy agreement.

Why This Matters

This law simplifies and secures the process for Michigan residents pursuing surrogacy as a family-building option. It's particularly important for couples facing infertility challenges, same-sex couples, and individuals unable to carry a pregnancy themselves.

Requirements to Enter a Surrogacy Agreement in Michigan

The Act acknowledges that gestational surrogacy and other forms of assisted reproductive technology (ART) are widely accessible and establishes measures to protect the rights of all parties involved in a surrogacy arrangement: intended parents, the surrogate, any genetic material donors, and especially the children who may result from the arrangement.

The legislation specifies these requirements for a person entering into a surrogacy agreement:

• Must be 21 years or older
• Must have previously given birth to at least one child
• Must complete a medical evaluation regarding the surrogacy arrangement
• Must complete a mental health consultation regarding the surrogacy arrangement
• Must have independent legal representation of their choosing by a Michigan-licensed attorney throughout the negotiation, execution, and duration of the agreement

Intended parents of a child to be born through surrogacy also face certain requirements under the Act, regardless of genetic relation to the child:

• Must be 21 years or older
• Must complete a mental health consultation
• Must have independent legal representation of their choosing by a Michigan-licensed attorney throughout the negotiation, execution, and duration of the agreement

A surrogacy agreement under the Act requires at least one of these conditions:

• At least one party to the agreement is a Michigan resident, or
• The birth will occur or is expected to occur in Michigan, or
• The assisted reproduction procedure performed under the surrogacy will take place in Michigan

Beyond the intended parents and surrogates meeting the above requirements, creating a surrogacy agreement requires:

• Each intended parent, the surrogate, and the surrogate's spouse (if applicable) must be parties to the agreement
• Each party must sign the agreement with signatures attested by a notarial officer
• The intended parent(s) must cover the cost of independent legal representation for the surrogate
• The agreement must be executed before any medical procedure related to the surrogacy agreement occurs, aside from the required medical evaluation and mental health consultations

Terms of Surrogacy Agreements Under the Michigan Act

The following terms must be included in the surrogacy agreement:

• The surrogate must agree to attempt pregnancy through ART
• Except as otherwise provided in the Act, the surrogate and their spouse will have no claim to parentage of a child conceived through ART under the Act
• The surrogate's spouse, if any, must acknowledge and agree to the obligations imposed on the surrogate
• Except as otherwise provided in the Act, the intended parent(s) will immediately be the exclusive parent(s) of the child(ren) and assume full financial responsibility
• Information disclosing that the intended parents will cover agreed-upon expenses for the surrogate, the ART process, and medical expenses for the surrogate and child(ren)
• The surrogate retains the right to make all health and welfare decisions regarding herself and the pregnancy, including whether to consent to multiple embryo transfer or Caesarian section
• The surrogate has the right to use a health care practitioner of her own choosing
• Information regarding each party's right under the Act to terminate the agreement

In addition to these required terms, a Michigan surrogacy agreement may provide for:

• Payment of compensation to a surrogate along with support and reasonable expenses
• Reimbursement of certain agreed-upon expenses if the agreement is terminated

Termination of a Surrogacy Agreement in Michigan

The Act permits a surrogacy agreement to be terminated by mutual consent of the intended parents and surrogate before pregnancy occurs. The surrogate may also withdraw from the agreement without penalty before pregnancy, even without the intended parents' agreement. The agreement may also be terminated due to medical necessity or risk if recommended by medical professionals.

Once a surrogate becomes pregnant, she cannot be forced to terminate the pregnancy even if requested by the intended parents. If the surrogate continues the pregnancy, the intended parents remain legally responsible for the child.

As you begin the meaningful journey of surrogacy, having a reliable and experienced partner is essential. Michigan Surrogacy Center is committed to supporting intended parents and surrogates with personalized guidance, comprehensive resources, and expert advice throughout every step of the process.