Michigan surrogacy laws & gestational process guidelines

Is Gestational Surrogacy Legal in Michigan?

Yes. Gestational surrogacy is legal in Michigan. Since April 2, 2025, Michigan law has specifically recognized and regulated surrogacy agreements through the Assisted Reproduction and Surrogacy Parentage Act.

A compliant agreement can establish the intended parent or parents as the child’s legal parents, while the gestational surrogate and the surrogate’s spouse are not considered the child’s parents.

Is Traditional Surrogacy Legal in Michigan?

Yes. Michigan law recognizes genetic surrogacy, also known as traditional surrogacy, as well as gestational surrogacy.

In traditional surrogacy, the surrogate’s own egg is used, meaning she is genetically related to the child. Although Michigan law now provides a legal framework for this type of arrangement, traditional surrogacy remains far less common and can involve additional legal, medical, and emotional considerations. For these reasons, it should be approached carefully with experienced reproductive counsel.

Is Compensated Surrogacy Legal in Michigan?

Yes. Compensated surrogacy is legal in Michigan. A Michigan surrogacy agreement may provide for payment of compensation, support, and reasonable expenses. It may also address reimbursement of specific agreed-upon expenses if the agreement is terminated before transfer.

This is one of the most significant changes from Michigan’s former law, which prohibited compensated surrogacy and imposed criminal penalties. Those restrictions were repealed as part of the Family Protection Act.

Creating a Michigan Surrogacy Contract

Michigan law now sets specific requirements for a valid surrogacy agreement.

For the Michigan statute to apply, at least one of the following must be true:

• At least one party is a Michigan resident
• The birth will occur or is expected to occur in Michigan
• The assisted reproduction related to the agreement will take place in Michigan

Each intended parent, the surrogate, and the surrogate’s spouse, if applicable, must be parties to the agreement and sign it before a notarial officer. The intended parent or parents must also pay for the surrogate’s independent legal representation. The agreement must be completed before a medical procedure related to the surrogacy takes place, other than the required medical evaluation and mental health consultations.

The agreement must also address responsibilities for expenses and parentage. Importantly, Michigan law protects the surrogate’s right to make decisions about her own health and pregnancy, including decisions involving a cesarean section or multiple embryo transfer. Any contract provision that attempts to take that decision-making authority away from her is void and unenforceable.

Determining Legal Parentage in Michigan

Michigan law provides a clear process for establishing intended-parent parentage in a surrogacy journey.

When a child is born under a surrogacy agreement that complies with the law, each intended parent becomes a legal parent by operation of law at birth. The surrogate and the surrogate’s spouse or former spouse are generally not considered parents of the child.

A party to the agreement may also ask the family division of the circuit court for a parentage judgment before, on, or after the child’s birth. The court can issue the judgment before birth, with the order taking effect once the child is born.