Michigan Surrogate Parenting Act MCL Section 722.851, declares surrogacy contracts to be void and unenforceable as against public policy. However, courts may still grant pre-birth orders if no payment or compensation has been made to the surrogate by the intended parent/s.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Michigan, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Michigan.
No. According to the Michigan Surrogate Parenting Act, “A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.” Any such contract is void and unenforceable as contrary to Michigan public policy. It also establishes criminal liability and fines for those who engage in any compensated surrogacy. Uncompensated, or “compassionate,” surrogacy, however, is permitted in Michigan.
The Michigan Surrogate Parenting Act expressly prohibits compensated surrogacy arrangements of all kinds (including traditional) and holds all surrogate parenting contracts as void and unenforceable. However, traditional surrogacy arrangements that are altruistic/uncompensated are not specifically prohibited and are thus technically permitted, although this is a risky practice in this state.
No. The Michigan Surrogate Parenting Act expressly prohibits compensated surrogacy arrangements, including the payment of living expenses, and any violation risks the parties facing criminal liability and penalties.
Surrogacy contracts in Michigan are void and unenforceable as contrary to public policy.
Pre-birth and post-birth orders are permitted in altruistic surrogacy cases (no compensation) only. The intended parents must also be married, and at least one of them must be genetically related to the child. Additionally, the intended parents and the surrogate must be represented by independent legal counsel.
Below is a list of some of the most frequently asked questions about surrogacy in Michigan:
No. Surrogacy contracts are void and unenforceable as contrary to public policy in Michigan.
There are no additional laws for international intended parents in this state.
Intended parents may need to complete a post-birth adoption to establish their parental rights, depending on their specific circumstances and the type of surrogacy arrangement.
Yes. Second-parent adoptions are available in Michigan.
Michigan law does not specifically address surrogacy arrangements involving donor gametes or embryos. Intended parents should consult with an experienced attorney to understand the legal implications in their specific situation.
According to state law, “all surrogate parenting contracts are prohibited and declared void and unenforceable as contrary to public policy.” This includes same-sex surrogacy arrangements.
There are no additional laws impacting same-sex parents in this state.
Herb Brail
Troy, MI
hbrail@brail-law.com
brail-law.com
(313) 278-8779
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