Starting March 1, 2025, Michigan will officially allow legally binding surrogacy agreements for the first time in decades. Previously, Michigan was the only state with both a criminal and civil ban on surrogacy, making any agreements unenforceable.
That changed with the Assisted Reproduction and Surrogacy Parentage Act (also called the Family Protection Act), signed into law in 2024. This new law provides legal protections for intended parents, surrogates, and children born through assisted reproduction. Most importantly, under the Assisted Reproduction and Surrogacy Parentage Act, intended parents in Michigan can be automatically recognized as the legal parents of a child born through surrogacy. This means that their names will be placed on the birth certificate without requiring a post-birth adoption process as required by the prior law.
This change opens new possibilities for many people hoping to start or expand their families.
Here's what you should know about the new law:
Key Points
- Surrogacy agreements will be legal and enforceable in Michigan.
- Both traditional and gestational surrogacy are covered.
- The law includes protections for surrogates, intended parents, and children.
- Specific requirements must be met to enter a surrogacy agreement
Why This Matters
This law makes it easier and safer for Michiganders to pursue surrogacy as a family-building option. It's especially significant for couples struggling with infertility, same-sex couples, and individuals who can't carry a pregnancy themselves.
What is Surrogacy?
There are two types of surrogacy:
- Traditional Surrogacy – The surrogate’s own egg is fertilized, making her genetically related to the child.
- Gestational Surrogacy – The surrogate carries an embryo created using the intended parents’ or donors’ sperm and eggs. She has no genetic connection to the baby.
Today, gestational surrogacy is far more common because it allows the intended parents to have a biological child while avoiding legal complications related to genetic parentage.
Requirements to Enter a Surrogacy Agreement
The Act reflects the reality that gestational surrogacy and other forms of ART are widely available and puts in place measures to safeguard the rights of all parties to a surrogacy arrangement: intended parents, the surrogate, any donors of genetic material, and, of course, the child or children who might result from surrogacy.
The law contains the following requirements for a person entering into a surrogacy agreement:
- Age 21 or older
- Has previously given birth to at least one child
- Has completed a medical evaluation regarding the surrogacy arrangement
- Has completed a mental health consultation regarding the surrogacy arrangement
- Has independent legal representation of their choice by an attorney licensed in Michigan throughout the negotiation and execution of the agreement and the duration of the agreement.
Intended parents of a child to be born through surrogacy also have some requirements under the Act, regardless of whether they are genetically related to the child:
- Age 21 or older
- Have completed a mental health consultation
- Have independent legal representation of their choice by an attorney licensed in Michigan throughout the negotiation and execution of the agreement and the duration of the agreement.
A surrogacy agreement under the Act requires at least one of the following:
- At least one party to the agreement is a resident of Michigan, or
- The birth will occur or is anticipated to occur in Michigan, or
- The assisted reproduction procedure performed under the surrogacy will occur in Michigan.
In addition to the intended parents and the surrogates meeting the requirements above, the process of creating a surrogacy agreement requires:
- Each intended parent, the surrogate, and the surrogate’s spouse, if any, must be parties to the agreement
- Each party to the agreement must sign the agreement, and their signatures must be attested by a notarial officer
- The intended parent(s) must pay for independent legal representation for the surrogate
- The agreement must be executed before any medical procedure related to the surrogacy agreement takes place other than the medical evaluation and mental health consultations required by the Act.
Terms of Surrogacy Agreements Under the Act
The following terms are required in the surrogacy agreement itself:
- The surrogate must agree to try to become pregnant through ART
- Except as provided elsewhere 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 the agreement imposes 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 for them
- Information disclosing that the intended parents will cover the agreed-on expenses of the surrogate, the ART process, and medical expenses for the surrogate and child(ren)
- The surrogate has the right to make all health and welfare decisions regarding herself and the pregnancy, including whether to consent to a multiple embryo transfer of a Caesarian section
- The surrogate has the right to use a health care practitioner of their own choosing
- Information regarding each party’s right under the Act to terminate the agreement.
In addition to the required terms above, a surrogacy agreement in Michigan may provide for one or both of the following:
- Payment of compensation to a surrogate along with payment of support and reasonable expenses
- Reimbursement of certain agreed-upon expenses if the agreement is terminated.
Termination of a Surrogacy Agreement
The Act allows a surrogacy agreement to be terminated by mutual consent of the intended parents and the surrogate before pregnancy occurs. The surrogate may also withdraw from the agreement without penalty before pregnancy occurs, even if the intended parents do not agree. The agreement may also be terminated due to medical necessity or risk if recommended by medical professionals.
Once a surrogate becomes pregnant, they cannot be forced to terminate the pregnancy even if the intended parents request termination. If the surrogate does not terminate the pregnancy, the intended parents remain legally responsible for the child.
Learn More About Changes to Michigan Law
If you are considering expanding your family through surrogacy or other means, you will want to plan for your new child’s future. The knowledgeable estate planning attorneys at Barron, Rosenberg, Mayoras & Mayoras work with clients who want to provide for their children and loved ones.
Schedule a consultation today by calling (248) 213-9514 in Michigan or (941) 222-2199 in Florida to learn how we can assist you. You can also use our simple online contact form.