For Michigan families pursuing surrogacy, the most important legal decision often happens before a pregnancy even begins. Parentage, compensation, medical authority, and what happens if circumstances change are all determined long before a child is born—and mistakes are rarely fixable after the fact.

Michigan’s shift from criminalizing surrogacy to fully regulating it is one of the most dramatic changes in state family law in decades. But legalization does not mean informality. Parentage is now created through precise statutory pathways, and small missteps in drafting or procedure can determine who is—and is not—a child’s legal parent.

Understanding how Michigan’s new surrogacy and parentage laws work is essential for intended parents, surrogates, and donors alike. In this area of law, intent alone is not enough.

At Boroja, Bernier & Associates, we help Michigan families navigate reproductive law with care and expertise. Here’s what you need to know about surrogacy in Michigan.

Michigan’s Historic Shift: From Criminal Prohibition to Legal Framework

Understanding where Michigan came from helps appreciate how significant these changes are.

The old law: Under the previous Michigan Surrogate Parenting Act (MCL 722.851-722.863), enacted in 1988, compensated surrogacy contracts were void and unenforceable. More significantly, arranging or participating in a compensated surrogacy agreement was a crime—a felony for brokers and a misdemeanor for intended parents and surrogates.

This made Michigan an outlier. While many states had no surrogacy laws or unenforceable agreement statutes, few actually criminalized the practice. Michigan families who wanted children through surrogacy had to work with surrogates in other states, creating complicated legal situations and significant expense.

The new law: In 2024, Michigan passed the Michigan Family Protection Act, which includes the Assisted Reproduction and Surrogacy Parentage Act. This legislation repealed the criminal prohibitions, established a comprehensive legal framework for surrogacy agreements, and modernized Michigan’s parentage laws for children born through assisted reproduction.

Effective dates: The new surrogacy provisions took effect in early 2025, meaning Michigan families can now pursue surrogacy arrangements entirely within the state under clear legal protections.

Overview of the Assisted Reproduction and Surrogacy Parentage Act

Michigan’s new law, codified at MCL 722.1701 et seq., creates a structured framework designed to protect all parties—intended parents, surrogates, donors, and most importantly, the children born through these arrangements.

Although surrogacy agreements are governed by detailed statutory requirements, Michigan courts remain the gatekeepers of legal parentage. Courts review agreements to ensure compliance, voluntariness, and informed consent, and they issue parentage orders that establish who the law recognizes as a child’s parents. In practice, this means surrogacy outcomes depend as much on proper legal structure as on medical success.

Key Principles

• Intended parents can be recognized as legal parents from birth. Under proper surrogacy agreements, intended parents are the legal parents of children born through surrogacy—not the surrogate. This recognition can be established before birth, avoiding the post-birth adoption proceedings previously required.

• Compensated surrogacy is now permitted. Surrogates can receive reasonable compensation beyond just expense reimbursement. This opens surrogacy to more potential surrogates and makes Michigan competitive with other surrogacy-friendly states.

• Protections exist for all parties. The law establishes requirements designed to ensure informed consent, prevent exploitation, and protect the interests of surrogates, intended parents, and children.

• Gestational and traditional surrogacy are both addressed. Gestational surrogacy (where the surrogate has no genetic connection to the child) and traditional surrogacy (where the surrogate’s egg is used) are both covered, though with different requirements reflecting their different risk profiles.

Who the Law Protects

• Intended parents gain clear legal pathways to parentage, reducing uncertainty and legal risk.
• Surrogates receive protections including independent legal counsel requirements, health screening, and the right to make their own medical decisions during pregnancy.
• Donors (egg and sperm) have clear rules establishing that donation doesn’t create parental rights or obligations.
• Children benefit from clear parentage from birth, avoiding legal limbo about who their parents are.

Requirements for Valid Surrogacy Agreements

Michigan’s new law doesn’t make surrogacy a free-for-all. Valid agreements must meet specific requirements to be enforceable and to establish parentage.

Before the Agreement: Screening and Preparation

Medical screening is required for surrogates. A licensed physician must conduct a medical evaluation confirming the surrogate is physically capable of carrying a pregnancy safely.

Mental health consultation helps ensure all parties understand the emotional aspects of surrogacy. Both intended parents and surrogates should participate in counseling addressing the psychological implications of the arrangement.

Background and health history review protects everyone involved. Understanding medical histories, lifestyle factors, and backgrounds helps parties make informed decisions.

Independent Legal Counsel

Each party must have independent legal representation. The intended parents and the surrogate cannot share an attorney—their interests, while aligned in many ways, can conflict, and each needs independent advice.

This requirement protects surrogates from pressure or agreements that don’t serve their interests. It also protects intended parents by ensuring the agreement is properly drafted and enforceable.

The intended parents typically pay for the surrogate’s attorney fees as part of the surrogacy expenses, but the surrogate chooses her own attorney.

Written Agreement Requirements

Valid surrogacy agreements must be in writing and include specific provisions:

• Compensation terms detailing base compensation, expense reimbursements, and any additional payments for specific circumstances (multiples, cesarean delivery, etc.).
• Medical decision rights confirming the surrogate retains the right to make decisions about her own healthcare during pregnancy.
• Parental rights provisions establishing that the intended parents will be the legal parents and the surrogate will not have parental rights or obligations.
• Insurance and medical expense provisions addressing health insurance coverage for the pregnancy, life insurance for the surrogate, and allocation of any uncovered medical costs.
• Expectations during pregnancy including prenatal care requirements, lifestyle provisions, and communication expectations.
• Contingency provisions addressing what happens if the intended parents divorce, one dies, or other circumstances change during the pregnancy.

Contingency provisions are not hypothetical. Intended parents sometimes separate during a pregnancy, experience serious illness, or face unexpected financial changes. Michigan law allows parties to address these realities in advance, but courts will only enforce what is clearly documented. Silence in a surrogacy agreement often creates disputes at the worst possible moment.

Court Involvement

Michigan’s law provides for court approval of surrogacy agreements, adding judicial oversight to protect all parties.

Pre-birth parentage orders allow courts to establish that the intended parents are the legal parents before the child is born. This means the intended parents—not the surrogate—are listed on the birth certificate from the start.

Pre-birth parentage orders are not procedural formalities. Without them, hospitals, insurers, and even vital records offices may default to outdated assumptions about parentage. A properly entered pre-birth order ensures that intended parents are recognized immediately, medical decision-making is clear, and no post-birth litigation is required to establish parental rights.

Judicial review ensures the agreement meets legal requirements and that all parties entered it voluntarily with proper counsel.

How Legal Parentage Is Established

One of the most significant aspects of Michigan’s new law is how it handles parentage—the legal determination of who a child’s parents are.

Under Michigan’s new framework, legal parentage turns on intent and compliance, not genetics alone. A person with no biological connection to a child may be a full legal parent from birth, while a person with a genetic connection may have no parental rights at all. The decisive factor is whether statutory requirements were satisfied before conception and whether parentage was established through proper agreements and court orders.

For Gestational Surrogacy

In gestational surrogacy, the surrogate carries a child conceived using eggs from the intended mother (or a donor) and sperm from the intended father (or a donor). The surrogate has no genetic connection to the child.

Under a valid gestational surrogacy agreement:

• The intended parents are the legal parents from the moment of birth.
• A pre-birth order can be obtained establishing parentage, so the birth certificate lists the intended parents.
• The surrogate has no parental rights or obligations.
• No adoption is required—the intended parents are simply the parents.

For Traditional Surrogacy

Traditional surrogacy, where the surrogate’s own egg is used, creates a genetic connection between the surrogate and the child. Michigan’s law addresses this with additional protections.

• Additional requirements may apply, including potentially longer periods before the surrogate’s parental rights are terminated and additional counseling requirements.
• The surrogate may have a period to change her mind after birth, recognizing the different emotional dynamics when the surrogate is genetically related to the child.

Given these complexities, most surrogacy arrangements today use gestational surrogacy, which provides clearer legal pathways and fewer emotional complications.

Parentage for Same-Sex Couples

Michigan’s new parentage laws also benefit same-sex couples pursuing surrogacy.

Both intended parents can be recognized as legal parents regardless of genetic connection. A married same-sex couple using surrogacy can both be listed on the birth certificate as parents, without one spouse needing to adopt the child.

This represents another significant change from prior Michigan law and ensures equal treatment for all families formed through surrogacy.

Donor Rights and Obligations

Egg and sperm donors play essential roles in many surrogacy arrangements. Michigan’s new law clarifies their legal status.

General Rule: Donors Are Not Parents

When someone provides genetic material (eggs or sperm) through a formal donation process, they are not the legal parent of any resulting child. This means:

• Donors have no parental rights—no custody, no visitation, no decision-making authority.
• Donors have no parental obligations—no child support, no financial responsibility.
• Children have no inheritance rights from donors (unless separately established through estate planning).

Requirements for Donor Agreements

To ensure donor status is clear, proper documentation is essential:

• Written donor agreements should be executed before any genetic material is used.
• Donations should go through proper channels—fertility clinics, sperm banks, or documented arrangements with legal agreements.
• Known donors (friends or family members donating genetic material) need particularly careful documentation to distinguish donation from co-parenting arrangements.

When Donors Might Have Rights or Obligations

The donor protections apply when genetic material is provided as a donation. Different rules may apply if:

• The “donor” was actually a co-parent intending to raise the child jointly.
• Proper agreements weren’t executed before conception.
• The arrangement was informal without legal documentation.

Proper legal counsel before beginning any assisted reproduction process helps ensure everyone’s intentions are documented and enforceable.

Embryo-Related Issues

Surrogacy often involves embryos created through IVF. Michigan’s new laws address several embryo-related issues.

Embryo Ownership and Disposition

• Who owns embryos? Typically, the intended parents who created or purchased embryos own them. Disposition agreements should address what happens to unused embryos.

• What if intended parents divorce? This contentious issue should be addressed in embryo creation agreements. Options include awarding embryos to one party, requiring mutual consent for use, donation, or destruction.

Embryo Donation

Some families have unused embryos after completing their families. Embryo donation allows other families to use these embryos, and Michigan’s parentage laws now provide clear pathways for families formed through embryo donation.

Risks of DIY or Out-of-State Contracts

Now that Michigan allows surrogacy, some families may be tempted to pursue informal arrangements or continue using out-of-state contracts. Both approaches carry significant risks.

DIY Surrogacy Dangers

Informal arrangements between friends or family members without proper legal documentation create enormous risks:

• Unclear parentage: Without proper agreements and court orders, the surrogate may be the legal mother regardless of intentions. Fixing this after birth requires adoption proceedings.
• Unenforceable expectations: Verbal agreements about compensation, medical decisions, or post-birth contact aren’t enforceable.
• No protection for anyone: The surrogate has no guaranteed compensation; intended parents have no guaranteed parentage; everyone’s at risk if something goes wrong.

The cost of proper legal work is minimal compared to the cost of fixing problems that arise from informal arrangements. A few thousand dollars for attorney fees prevents potential six-figure litigation and years of uncertainty.

Out-of-State Contract Issues

Michigan families previously had to use surrogates in other states. While this remains an option, it creates complications:

• Jurisdictional complexity: Which state’s laws apply? Where do you get parentage orders? Where does the surrogate deliver?
• Increased costs: Travel, lodging, and legal fees in multiple states add up significantly.
• Enforcement challenges: If something goes wrong, enforcing agreements across state lines is more complicated.

Now that Michigan has a clear framework, pursuing surrogacy in-state is typically simpler, less expensive, and provides clearer legal protections for Michigan families.

Working With Professionals: The Surrogacy Team

Successful surrogacy involves multiple professionals working together.

Reproductive Attorneys

Legal counsel is essential—and required for valid agreements. A reproductive law attorney helps you draft or review surrogacy agreements that protect your interests, navigate court proceedings for pre-birth parentage orders, ensure compliance with Michigan’s new requirements, and address any complications that arise.

Fertility Clinics

Medical professionals handle embryo creation, transfer to the surrogate, and monitoring of the pregnancy. Choose a clinic experienced in surrogacy with good success rates and clear protocols.

Surrogacy Agencies

Agencies match intended parents with surrogates, coordinate the process, and provide support throughout the journey. While not legally required, agencies provide valuable services, especially for intended parents new to surrogacy.

Mental Health Professionals

Counseling for both intended parents and surrogates helps everyone navigate the emotional aspects of surrogacy. This isn’t about finding problems—it’s about preparation and support.

Frequently Asked Questions About Michigan Surrogacy Laws

When did surrogacy become legal in Michigan?

Michigan’s new surrogacy laws took effect in early 2025 following passage of the Michigan Family Protection Act in 2024. This legislation repealed the previous criminal prohibitions on compensated surrogacy and established a comprehensive legal framework for surrogacy agreements. Michigan now has clear pathways for intended parents to establish parentage and for surrogates to receive compensation legally.

How much does surrogacy cost in Michigan?

Total surrogacy costs typically range from $100,000 to $200,000 or more, depending on various factors. This includes surrogate compensation ($30,000-$50,000 or more), agency fees ($15,000-$30,000), legal fees ($10,000-$15,000), fertility clinic and medical costs ($15,000-$30,000 for IVF), insurance costs, and various other expenses. Working with Michigan-based surrogates and professionals may reduce some costs compared to out-of-state arrangements.

Can a surrogate keep the baby in Michigan?

Under a valid surrogacy agreement with proper court orders, no. The intended parents are established as the legal parents, and the surrogate has no parental rights. However, without proper agreements and court involvement, parentage may be unclear—which is why proper legal documentation is essential. In traditional surrogacy (using the surrogate’s egg), the surrogate may have a period after birth to confirm her decision, but this is addressed in the agreement.

Do I need a lawyer for surrogacy in Michigan?

Yes, and it’s required for a valid surrogacy agreement. Michigan law requires that both the intended parents and the surrogate have independent legal counsel. This protects everyone involved and ensures the agreement is properly drafted and enforceable. Attempting surrogacy without legal representation creates significant risks for all parties.

Can same-sex couples use surrogacy in Michigan?

Yes. Michigan’s new parentage laws provide equal pathways for same-sex couples pursuing surrogacy. Both intended parents—regardless of gender or genetic connection to the child—can be established as legal parents through proper surrogacy agreements and court orders. Both parents can be listed on the birth certificate without adoption proceedings.

Take the Next Step: Explore Your Surrogacy Options

Michigan’s new surrogacy laws open doors for families who couldn’t previously pursue surrogacy in their home state. Whether you’re intended parents ready to start your journey, a potential surrogate considering this meaningful gift, or a family with questions about donor arrangements, understanding your legal rights and options is the essential first step.

At Boroja, Bernier & Associates, we help Michigan families navigate reproductive law with care and expertise. Our attorneys can draft and review surrogacy agreements, guide you through parentage proceedings, and ensure your family is protected throughout the surrogacy journey. With offices in Shelby Township, Troy, Ann Arbor, and Lansing, we serve families throughout Michigan.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand your options and take the next steps toward building your family.