Michigan’s New Surrogacy Law Explained

For many years, surrogacy was not an option in Michigan Fortunately, Michigan’s new surrogacy law changes this, allowing families to pursue surrogacy so long as they are compliant with certain legal requirements.

For many families, surrogacy can be a meaningful and rewarding way to grow their family or help another family in their parenting journey.

What Are the New Surrogacy Laws in Michigan?

The new Michigan surrogacy law is called the Assisted Reproduction and Surrogacy Parentage Act. This act legalizes surrogacy in the state, allowing intended parents and surrogates to enter into legal agreements and have a child through surrogacy. This law repealed prior laws that prohibited surrogacy.

The Assisted Reproduction and Surrogacy Parentage Act also outlines several legal rights and requirements when it comes to the surrogacy journey. These are meant to provide clarity and protection for both intended parents and surrogates. However, they can be complex, especially as different aspects of the law may apply depending on your case. Because of this, it is always a good idea to speak with a Michigan surrogacy attorney when creating a surrogacy agreement.

In 2024, there were 99,420 births in Michigan, with a fertility rate of 51.5 births per 1,00 females aged 15 to 44. Moving forward with the Assisted Reproduction and Surrogacy Parentage Act in place, many children can be born through surrogacy.

An Overview of Surrogacy

Surrogacy involves a gestational carrier, or surrogate, carrying a child on behalf of intended parents. It may also involve a genetic carrier or surrogate.  In both circumstances, the intended parents are the legal parents of the child. Every surrogacy involves unique arrangements, which must be outlined in a legal agreement between the surrogate and the intended parents. Every surrogacy may involve different arrangements, such as when it comes to compensation, prenatal involvement, healthcare choices, or birthing plans.

Surrogacy is a great option for many families experiencing infertility, LGBTQ+ families, or individuals who cannot safely carry a pregnancy. No matter your reasons for working with a surrogate, Michigan’s new surrogacy law provides the protections you need.

Working with a gestational or genetic carrier, or surrogate, is one of the main forms of assisted reproductive technology. Overall, 1.5% of people using assisted reproductive technology chose to work with a surrogate.

Key Information to Know If You Are Pursuing Surrogacy in Michigan

If you are a surrogate or an intended parent, you need more than an informal arrangement. Michigan’s surrogacy laws involve strict requirements and legal procedures that must be followed in order to lawfully go through the surrogacy process. Some of the specific things to be aware of about Michigan surrogacy cases and the Assisted Reproduction and Surrogacy Parentage Act include:

• Parentage is not automatic. There must be a court order that acknowledges that the intended parents are the legal parents of the child.
• There are requirements to act as a surrogate. This includes requirements such as having previously given birth, completing medical and mental health evaluations, having legal representation, and being over 21.
• Both parties must consent to the surrogacy, including signing a surrogacy agreement
• All parties must be represented by attorneys licensed to practice law in Michigan.

Hire a Surrogacy Lawyer From The Family Law and Fertility Law Group?

At The Family Law & Fertility Law Group, our team understands that every family comes from different circumstances and chooses surrogacy with different goals in mind. When guiding families through surrogacy arrangements, we take the time to fully understand your situation. Often, we help investigate health insurance coverage to identify gaps or alternative coverage plans, or help families negotiate fair compensation for their surrogate.

Our attorneys have received several awards and honors due to our commitment to serving local families. Founding and Managing Partner, Ellen Essig, has received recognition as an AV Preeminent Attorney, the top peer-reviewed rating by Martindale-Hubbell, from 2000 until the present. She has also been named as a Super Lawyer from 2005 until the present.

FAQs

Is Surrogacy Legal in Michigan?

Yes, surrogacy is legal in Michigan. In the spring of 2025, the Assisted Reproduction and Surrogacy Parentage Act legalized surrogacy. This includes both compensated and uncompensated surrogacy. Because of this legalization, you are able to move forward with a surrogacy arrangement without fear of criminal charges and can trust that all legal contracts are enforceable.

Does Medical Insurance Pay for a Surrogate’s Pregnancy Care?

Whether or not your surrogate’s insurance pays for her pregnancy care depends on her specific policy. Many surrogates’ insurance plans do not pay for a surrogate. Because of this, it is important to hire a surrogacy lawyer who understands insurance and help you explore other options, such as supplemental insurance or insurance for medical complications that may arise during the surrogacy process.

Do You Have to Tell Your Insurance If Your Pregnancy Is a Surrogacy?

Yes, if your pregnancy is a surrogate pregnancy, you do need to tell your insurance. Many insurance plans have specific exclusions when it comes to surrogacy, and failing to tell them whether it is a surrogacy may lead to issues further on. Learning about your surrogate’s insurance coverage before signing a surrogacy agreement will help you make informed decisions that allow you to move forward with your surrogacy with a clear understanding of your financial responsibilities.

Can Intended Parents Be on a Birth Certificate in a Surrogacy Case?

Yes, in Michigan, intended parents will be on the birth certificate. To do this, the court can either grant a pre-birth or post-birth parentage order, which legally declares the intended parents as the child’s parents, rather than the surrogate. A Michigan surrogacy attorney can help you obtain this order to make sure the intended parents have the legal rights and responsibilities of a parent.

Learn How The Family Law & Fertility Law Group Can Help

Surrogacy can be an amazing journey, but it depends on having a strong legal agreement. Working with an experienced lawyer will make sure both the intended parents’ and the surrogate’s interests are protected and that all expectations and rights are clearly expressed. This can minimize conflict, reduce stress, and provide clarity throughout the process.

If you are ready to gain legal guidance on your surrogacy, contact The Family Law & Fertility Law Group.