Skip to main content
Trusted Surrogacy Attorney in Michigan
You want your child to be yours from the very first breath, not after months of uncertainty. You want your surrogate cared for and respected through every step of her pregnancy. And you want a plan that holds up no matter where in Michigan you live, from Detroit to the Upper Peninsula.
That is exactly what Michigan surrogacy lawyer Ellen Essig builds for intended parents and surrogates across the state, whether you are in Ann Arbor, Grand Rapids, Traverse City, or a small town most people outside Michigan have never heard of.
As a Michigan surrogacy lawyer, she has practiced family and fertility law for over 36 years, building the kind of experience that matters when a state rewrites its entire approach to surrogacy in a single year.
Today, that experience means intended parents and gestational carriers alike have someone who can turn a brand new statute into a clear, workable plan for their family. Reach out to talk through what your surrogacy journey needs next.
Why Surrogacy Interest Is Rising Fast in Every Corner of Michigan?
For decades, compensated surrogacy was effectively closed off to Michigan families, and many people built their families elsewhere or set the idea aside entirely.
That changed when Michigan’s Assisted Reproduction and Surrogacy Parentage Act took effect in the spring of 2025, and the numbers hint at what was waiting underneath.
Michigan recorded 99,420 births in 2024, with a fertility rate of 51.5 births per 1,000 women ages 15 to 44, and nationally, only 1.5 percent of people using assisted reproductive technology chose to work with a surrogate. That share is expected to grow here, and quickly, now that the Assisted Reproduction and Surrogacy Parentage Act has opened the door.
We are already hearing from intended parents and surrogates in Detroit, Grand Rapids, Ann Arbor, Lansing, Kalamazoo, Flint, and Traverse City, and from families in smaller communities across the Upper Peninsula who assumed surrogacy simply was not an option where they lived. It is now, and it comes with real requirements that apply the same way no matter your zip code.
One Law, 83 Counties, and Why That Matters for Your Timeline
Every Michigan parentage judgment gets filed with the family division of the circuit court in whichever county has jurisdiction over your case, and Michigan has 83 of them, each running its own docket and its own pace.
A judge in Wayne County has likely seen more of these filings by now than a judge in a smaller, rural circuit, simply because of population. That does not make either court wrong.
It means the certifications, evidence, and paperwork need to be built with enough clarity that any Michigan circuit court, whether it sees this kind of case often or almost never, can move your judgment forward without unnecessary delays. We have filed these judgments in courthouses across the state, and we build every agreement to hold up wherever your case lands.
What We Handle, Wherever Your Michigan Surrogacy Journey Begins
No two Michigan surrogacy journeys look the same, and yours should be built around your specific situation, not a template. Here is what we handle for families across the state:
- Gestational and genetic surrogacy agreements built to meet Michigan’s requirements, whether you and your surrogate live in the same city, in different states, or in different countries.
- Pre-birth and post-birth parentage judgments filed with circuit courts from Wayne County to the Upper Peninsula
- Egg, sperm, and embryo donation agreements for families building through assisted reproduction
- Confirmation that the person who reviewed your surrogate’s eligibility, including her required medical and mental health evaluations, has met the requirements of the statute.
- Direct coordination with your surrogate’s independent Michigan attorney, no matter where she is located.
- Support for out-of-state and international intended parents building their family through a Michigan surrogacy
The Terms That Protect Everyone in Your Surrogacy Agreement
A strong agreement gets built before medically preparing for the actual embryo transfer, and it should give you and your surrogate a shared, written understanding of the journey ahead.
Most Michigan surrogacy agreements address:
- Payment for your surrogate, and what happens to it if the agreement ends early
- How the pregnancy will begin, including whether donated sperm, eggs, or embryos are involved
- Who makes medical decisions during the pregnancy, with your surrogate always keeping the right to choose her own doctor
- Expectations for prenatal care and daily habits
- A plan for what happens if complications come up
- Where the baby will be born and how you and your surrogate will work together at the hospital
- Health insurance and who is responsible for what
- Each person’s right to end the agreement, and what happens next if they do
FAQs About Michigan, US Surrogacy Laws
Can single parents or same-sex couples pursue surrogacy in Michigan?
Yes in Michigan, the Assisted Reproduction and Surrogacy Parentage Act does not restrict surrogacy based on marital status or the number or gender of the intended parents. Eligibility depends on meeting the same legal and medical requirements every Michigan surrogacy agreement must satisfy.
Can a friend or family member serve as our surrogate in Michigan?
Yes, Michigan law allows a friend or family member to act as a surrogate as long as she meets the same eligibility rules as any other candidate, including having her own independent attorney. A compassionate match still needs a formal legal agreement to be enforceable.
What disqualifies someone from acting as a surrogate in Michigan?
Michigan generally requires a surrogate to be at least 21, have previously given birth to a child, complete a medical evaluation and a mental health consultation, and have her own independent Michigan-licensed attorney throughout the process. A candidate who doesn’t meet these baseline requirements isn’t eligible to serve as a surrogate under the new law.
What happens if our surrogate is enrolled in Michigan?
In Michigan, Medicaid typically does not cover a surrogate pregnancy, so intended parents usually need to arrange supplemental insurance or budget for out-of-pocket costs. This should be identified and addressed in the agreement before any medical steps begin.
Can a Michigan surrogacy agreement be challenged after it’s signed?
A properly executed agreement that meets Michigan’s requirements is difficult to challenge, but gaps like missing certifications or vague terms can create openings for dispute. That’s why each party having their own Michigan-licensed attorney at the drafting stage matters so much. Learn more about the necessity of legal counsel in surrogacy arrangements.
Start Your Michigan Surrogacy Journey With a Team Who Knows the Whole State
Michigan’s surrogacy law is still new, and getting every requirement right the first time protects your timeline, your surrogate, and your place as your child’s legal parent. Whether you are just starting to research surrogacy or already matched and ready for an agreement, our fertility law team is ready to build the plan your journey requires, no matter which Michigan city or county you call home.
The Family Law & Fertility Law Group can help you build your family through surrogacy. Call us today or fill out our contact form for more information.