For intended parents, surrogacy is not just a medical process—it is a legal strategy. Who is recognized as a parent, whose name appears on the birth certificate, and whether your parental rights are secure all depend on decisions made long before a child is born.

Michigan’s shift from criminalizing surrogacy to regulating it has opened new doors for intended parents. But legalization did not eliminate risk. Parentage is now created through statute, contract, and court order—and mistakes at any step can delay or jeopardize your legal status as a parent.

Understanding Michigan’s surrogacy laws is essential for intended parents who want certainty, enforceability, and protection from the moment their child is born.

At Boroja, Bernier & Associates, we help intended parents throughout Michigan navigate the legal requirements for surrogacy agreements. Here’s what you need to know.

What Changed: Michigan’s Historic Surrogacy Reform

Before the Family Protection Act, Michigan law treated surrogacy harshly. Under the old MCL 722.859, surrogacy contracts were void and unenforceable. Arranging a compensated surrogacy agreement was a felony punishable by up to five years in prison and $50,000 in fines. Even participating in such an arrangement could result in misdemeanor charges.

This left Michigan families with limited options. Some pursued altruistic (uncompensated) surrogacy with family members or friends, navigating uncertain legal territory. Others worked with surrogates in other states, adding complexity and cost. Many simply couldn’t pursue surrogacy at all.

The Michigan Family Protection Act (Act 24 of 2024) repealed these prohibitions. The new Assisted Reproduction and Surrogacy Parentage Act, codified at MCL 722.1701 et seq. and effective April 2, 2025, establishes a comprehensive legal framework that:

• Legalizes both compensated and altruistic surrogacy in Michigan
• Creates clear requirements for enforceable surrogacy agreements
• Establishes a process for intended parents to secure legal parentage before birth
• Protects surrogates with mandatory safeguards including health autonomy
• Addresses egg donation, sperm donation, and embryo donation
• Confirms that a parent established under this act is a natural parent for all purposes, including under Michigan’s Child Custody Act (MCL 722.1705)

For intended parents, the most significant change is not simply that surrogacy is legal—it is that Michigan law now provides a direct path to legal parentage without adoption. Under MCL 722.1906, when a surrogacy agreement complies with the statute, each intended parent is a parent of the child by operation of law at birth. Courts can also enter pre-birth parentage judgments under MCL 722.1908. This shift places enormous importance on compliance and precision at the contract stage.

“Michigan went from criminalizing compensated surrogacy to having one of the more comprehensive statutory frameworks in the country—complete with pre-birth parentage orders, sealed court records, and natural parent status for intended parents. But comprehensive doesn’t mean automatic. Every protection depends on meeting every statutory requirement.”

Requirements for Valid Surrogacy Agreements in Michigan

Michigan’s surrogacy framework is built on a simple but unforgiving principle: intent must be documented and formalized before conception to control parentage after birth. Good intentions, genetic ties, or verbal agreements do not substitute for statutory compliance. Intended parents who cut corners risk uncertainty at the exact moment they expect clarity.

Not every surrogacy arrangement qualifies for protection under Michigan’s law. The requirements are detailed across three key sections of the statute: MCL 722.1901 (individual requirements), MCL 722.1902 (process requirements), and MCL 722.1903 (agreement content requirements).

Surrogate Requirements

Under MCL 722.1901(1), a surrogate must meet all of the following:

• Be at least 21 years old
• Have previously given birth to at least one child
• Have completed a medical evaluation by a licensed physician
• Have completed a mental health consultation with a licensed mental health professional
• Have independent legal representation by a Michigan-licensed attorney throughout the negotiation, execution, and duration of the agreement

Intended Parent Requirements

Many intended parents are surprised to learn they have their own statutory obligations. Under MCL 722.1901(2), each intended parent must also:

• Be at least 21 years old
• Have completed a mental health consultation
• Have independent legal representation by a Michigan-licensed attorney throughout the negotiation, execution, and duration of the agreement

The statute is clear: intended parents need not be genetically related to the child (MCL 722.1901(2): “whether or not genetically related to the child”). This is significant for intended parents using donor eggs, donor sperm, or donated embryos.

Agreement Process Requirements

Under MCL 722.1902, the surrogacy agreement itself must meet specific process requirements:

• Michigan nexus. At least one party must be a Michigan resident, the birth must occur or be anticipated in Michigan, or the assisted reproduction must occur in Michigan.

• All necessary parties must sign. Each intended parent, the surrogate, and the surrogate’s spouse (if any) must all be parties to the agreement and sign it.

• Notarization required. Each party’s signature must be attested by a notarial officer. This is a requirement many families overlook—an un-notarized agreement does not comply with the statute.

• Intended parents pay for surrogate’s counsel. The intended parent or parents must pay for the surrogate’s independent legal representation (MCL 722.1902(f)).

• Execution before medical procedures. The agreement must be signed before any medical procedure related to the surrogacy occurs, other than the required medical evaluation and mental health consultations.

Agreement Content Requirements

Under MCL 722.1903, the agreement must include several mandatory provisions:

• The surrogate agrees to attempt pregnancy by assisted reproduction
• The surrogate and surrogate’s spouse (if any) have no claim to parentage
• Intended parents will be the exclusive parents immediately at birth, regardless of the number of children born or the child’s gender or condition
• Intended parents will assume financial responsibility immediately at birth
• Full disclosure of all compensation and expenses
• The surrogate retains all health and welfare decisions regarding herself and the pregnancy, including whether to consent to cesarean section or multiple embryo transfer—any provision restricting this right is void and unenforceable
• The surrogate may use the healthcare practitioner of her choosing
• Information about each party’s right to terminate the agreement under MCL 722.1905

When these requirements are met, the surrogacy agreement is enforceable. Under MCL 722.1909(1), an agreement that “substantially complies” with the statutory requirements is enforceable. But when the agreement does not substantially meet the material requirements, a court must determine parentage based on party intent and the child’s best interests (MCL 722.1909(2))—a far less certain outcome than statutory compliance provides.

The Surrogacy Process: From Matching to Birth

Understanding the typical surrogacy journey helps intended parents know what to expect. While every situation is different, most surrogacy arrangements follow a similar path.

Step 1: Deciding on Surrogacy and Finding a Match

Intended parents typically work with a surrogacy agency to find a suitable surrogate, though independent matches (often with friends or family members) are also possible. The matching process considers medical history, values, expectations, and compatibility.

For intended parents using their own genetic material, eggs and/or sperm will be used to create embryos through in vitro fertilization (IVF). Others may use donor eggs, donor sperm, or donated embryos. Under MCL 722.1706, a donor is not a parent of a child conceived by assisted reproduction—which provides important clarity for arrangements involving third-party gametes.

Step 2: Legal Consultation and Contract Drafting

Before any medical procedures, both parties need independent legal counsel. Attorneys draft the surrogacy agreement covering compensation, expenses, medical decisions, communication expectations, what happens in various contingencies, and how parental rights will be established.

This stage is critical. A well-drafted agreement prevents misunderstandings and protects everyone involved. Don’t rush this step or try to save money by skipping legal representation—the statute requires it, and the cost of inadequate legal work is measured in parental rights, not dollars.

Step 3: Medical and Psychological Screenings

The surrogate undergoes required medical and mental health evaluations. Intended parents must also complete a mental health consultation under MCL 722.1901(2)(b). These screenings protect all parties and improve the chances of a successful pregnancy.

Step 4: Embryo Transfer and Pregnancy

Once the agreement is signed, notarized, and screenings are complete, the medical process begins. The surrogate prepares for embryo transfer through hormone treatments, and the embryo (created through IVF) is transferred. If successful, pregnancy follows.

During pregnancy, the surrogate receives prenatal care while intended parents typically stay involved according to the terms of their agreement. Many intended parents attend ultrasounds and maintain regular communication with their surrogate.

Important: Either party may terminate the agreement before embryo transfer by giving written notice to all other parties under MCL 722.1905. If a transfer does not result in pregnancy, termination is also permitted before a subsequent transfer. Once pregnancy is established, the agreement generally cannot be unilaterally terminated.

Step 5: Establishing Parental Rights

Under MCL 722.1908, intended parents can obtain a court judgment establishing their legal parentage before the child is born. Either party may file an action in the family division of circuit court. The complaint must include attorney certifications that the agreement complies with the statute and statements from all parties that they entered the agreement knowingly and voluntarily.

Here’s what makes Michigan’s process particularly streamlined: the court enters the parentage judgment without a hearing, unless the surrogate challenges the accuracy of the attorney certifications. The judgment:

• Declares each intended parent is a parent of the child
• Orders that parental rights and duties vest exclusively in the intended parents immediately at birth
• Declares the surrogate and surrogate’s spouse (if any) are not parents of the child
• Orders court records sealed to protect privacy
• If necessary, orders the child surrendered to the intended parents

The pre-birth parentage order is not a technicality—it is the legal moment when parenthood is secured. Without it, hospitals and vital records offices may default to outdated assumptions about maternity and paternity, forcing intended parents into emergency court proceedings or post-birth litigation. A properly entered pre-birth order eliminates this risk entirely.

This is a significant improvement over the old legal landscape, where intended parents often had to pursue adoption proceedings even when using their own genetic material.

Step 6: Birth and Going Home

When the baby is born, the intended parents are recognized as the legal parents from the moment of birth. Under MCL 722.1705, they are considered natural parents for all purposes—including under Michigan’s Child Custody Act. They can make medical decisions, take the baby home from the hospital, and begin their lives as a family without additional legal proceedings.

Compensation and Costs: What Intended Parents Should Expect

Surrogacy involves significant financial commitment. Understanding the full cost picture helps intended parents plan appropriately and avoid surprises.

• Surrogate compensation. Michigan allows compensated surrogacy under MCL 722.1903(2)(a). Base compensation for surrogates typically ranges from $30,000 to $50,000 or more, depending on experience, location, and other factors. Additional payments may cover maternity clothing, lost wages, travel, and other expenses.

• Agency fees. If using a surrogacy agency for matching and coordination, fees typically range from $15,000 to $35,000. Agencies handle screening, matching, and ongoing support throughout the process.

• Legal fees. Both intended parents and surrogates need independent attorneys—and intended parents are required to pay for the surrogate’s legal representation under MCL 722.1902(f). Legal fees for drafting and reviewing agreements, obtaining pre-birth orders, and handling any complications typically range from $10,000 to $15,000 or more per party.

• Medical costs. IVF procedures, embryo transfer, prenatal care, and delivery add substantial costs. These can range from $15,000 to $30,000 or more depending on how many IVF cycles are needed and whether complications arise. Surrogate health insurance and supplemental policies add additional expenses.

• Psychological evaluations. Required mental health consultations typically cost $500 to $1,500.

Total costs. All told, intended parents should budget $100,000 to $200,000 or more for a complete surrogacy journey. Costs vary widely based on location, whether donor gametes are used, how many IVF cycles are needed, and other factors. Working with Michigan-based surrogates and professionals may reduce some costs compared to out-of-state arrangements.

Some intended parents have insurance coverage for portions of fertility treatment. Others finance surrogacy through savings, loans, or grants from organizations supporting family building.

Protecting Yourself: Risks and Safeguards

Surrogacy involves emotional, medical, and legal complexities. Understanding potential risks helps you prepare.

• Medical risks. Pregnancy always carries health risks for the surrogate, including complications like gestational diabetes, preeclampsia, and cesarean delivery. Under MCL 722.1903(1)(g), the surrogate retains all health and welfare decisions regarding herself and the pregnancy—any contractual provision to the contrary is void and unenforceable.

• Failed transfers or miscarriage. Not every embryo transfer results in pregnancy, and not every pregnancy results in a live birth. Surrogacy agreements should address what happens if medical procedures are unsuccessful, including whether additional attempts will be made and how compensation is handled.

• Disputes during pregnancy. Disagreements can arise about prenatal care decisions, communication, or other matters. A comprehensive surrogacy agreement anticipates potential conflicts and establishes how they’ll be resolved.

• Changes in circumstances. What if intended parents divorce during the pregnancy? Under MCL 722.1904, dissolution of an intended parent’s marriage does not affect the validity of the agreement—the intended parent remains a parent of the child. But this statutory protection doesn’t eliminate the practical complications of separation during a surrogacy. Well-drafted agreements address contingencies like divorce, serious illness, and disagreement explicitly.

• Intended parents often underestimate the importance of contingency planning. Courts expect surrogacy agreements to address what happens if intended parents separate, become incapacitated, or disagree during the pregnancy. Silence on these issues invites judicial intervention at precisely the moment intended parents want autonomy.

• Ensuring enforceability. Under MCL 722.1909(1), an agreement that “substantially complies” with the statute is enforceable. But if the agreement does not substantially meet the material requirements, the court determines parentage based on intent and the child’s best interests—a far less predictable outcome. Working with experienced attorneys who understand Michigan’s surrogacy framework protects against this risk.

• Breach remedies and limitations. The statute provides important protections if something goes wrong. Under MCL 722.1909(5), specific performance is not available to force a surrogate to become pregnant, terminate a pregnancy, or submit to medical procedures. However, if intended parents are determined to be parents of the child, specific performance is available to enforce their parental rights at birth. And critically, an intended parent’s breach of the agreement does not relieve them of child support obligations (MCL 722.1909(4)).

• Insurance gaps. Not all health insurance policies cover surrogate pregnancies. Some explicitly exclude them. Verifying coverage and obtaining supplemental insurance prevents unexpected medical bills that can add tens of thousands of dollars to total costs.

The best protection is working with experienced professionals—a reputable agency if you choose to use one, knowledgeable attorneys for both parties, and qualified medical providers.

Gestational vs. Traditional Surrogacy

Michigan’s law addresses both types of surrogacy, though they’re treated differently—and the distinction matters significantly for legal parentage.

Gestational surrogacy means the surrogate has no genetic connection to the child. An embryo created through IVF—using eggs and sperm from intended parents or donors—is transferred to the surrogate. The surrogate carries and delivers the baby but isn’t biologically related to the child. Under the statute, a “gestational surrogate” is defined as an individual who agrees to become pregnant using gametes that are not her own (MCL 722.1703(e)). Michigan’s law provides the strongest protections for gestational surrogacy arrangements.

Traditional surrogacy (called “genetic surrogacy” in the statute) means the surrogate’s own egg is used, making her the biological mother of the child (MCL 722.1703(d)). This creates additional legal and emotional complexity. While Michigan law addresses genetic surrogacy, the requirements and process differ, and courts scrutinize these arrangements more carefully. Notably, if a child is alleged to be the genetic child of an individual who agreed to be a gestational surrogate, the court must order genetic testing—and if confirmed, parentage is determined under other Michigan law, not under this act (MCL 722.1906(3)).

Most surrogacy professionals recommend gestational surrogacy because the clearer separation between the surrogate’s role (carrying the pregnancy) and biological parentage simplifies both legal and emotional aspects of the arrangement.

Frequently Asked Questions About Michigan Surrogacy Laws

When did surrogacy become legal in Michigan?

Michigan legalized surrogacy through the Michigan Family Protection Act (Act 24 of 2024), with the Assisted Reproduction and Surrogacy Parentage Act taking effect April 2, 2025. The act is codified at MCL 722.1701 through MCL 722.1909. As of 2026, all provisions are fully in effect and Michigan has a complete statutory framework for both gestational and genetic (traditional) surrogacy.

Can same-sex couples use surrogacy in Michigan?

Yes. Michigan’s surrogacy law applies equally to all intended parents regardless of sexual orientation, gender identity, or marital status. The statute defines an “intended parent” as “an individual, married or unmarried,” who manifests intent to be legally bound as a parent (MCL 722.1703(f)). Same-sex couples have the same rights to pursue surrogacy and establish legal parentage as any other intended parents.

Do intended parents need to adopt the baby after a surrogacy in Michigan?

No—not if the surrogacy agreement meets Michigan’s legal requirements. Under MCL 722.1908, intended parents can obtain a pre-birth judgment establishing their legal parentage before the child is born. Their names go directly on the birth certificate without adoption proceedings. And under MCL 722.1906, when the agreement complies with the statute, intended parents are parents by operation of law at birth.

Can a surrogate change her mind and keep the baby?

If the surrogacy agreement meets Michigan’s legal requirements, the intended parents are the legal parents from birth. Under MCL 722.1906(2), neither the surrogate nor the surrogate’s spouse is a parent of the child. The surrogate has no parental rights to assert. Additionally, genetic testing cannot be used to challenge the parentage of an intended parent established under the act (MCL 722.1708). This is one of the most important protections the law provides—it creates certainty for everyone involved.

How do I find a surrogate in Michigan?

Many intended parents work with surrogacy agencies that handle matching, screening, and coordination. Others find surrogates independently, often friends or family members willing to help. The statute requires a Michigan nexus—at least one party must be a Michigan resident, the birth must be anticipated in Michigan, or the assisted reproduction must occur in Michigan (MCL 722.1902(a)). Either way, working with experienced attorneys is essential to ensure your agreement meets every legal requirement.

What happens if the surrogacy agreement doesn’t meet Michigan’s requirements?

An agreement that fails to substantially meet the material requirements may not be enforceable as written. Under MCL 722.1909(2), the court must then determine parentage consistent with the intent of the parties and the best interests of the child—a far less predictable outcome than statutory compliance provides. This could mean post-birth court proceedings, contested parentage determinations, or even adoption. A single missing element—no independent counsel, un-notarized signatures, incomplete evaluations—can undermine the entire arrangement.

How much does surrogacy cost in Michigan?

Intended parents should budget $100,000 to $200,000 or more for a complete surrogacy journey. This includes surrogate compensation ($30,000–$50,000), agency fees ($15,000–$35,000 if using an agency), legal fees ($10,000–$15,000+ per party), medical/IVF costs ($15,000–$30,000+), and psychological evaluations ($500–$1,500). Costs vary based on how many IVF cycles are needed, whether donor gametes are used, insurance coverage, and whether complications arise. Note that intended parents are also required to pay for the surrogate’s independent legal counsel under MCL 722.1902(f).

Can I seal the court records from my surrogacy case?

Yes. Under MCL 722.1908(1)(c), the pre-birth parentage judgment must include an order sealing court records to protect the privacy of the child and the parties. Additionally, under MCL 722.1709, any party in an action under the act can request that records be sealed. Once sealed, records are not available for inspection unless the court orders otherwise for good cause, or unless requested by the child or a party.

Take the Next Step: Build Your Family with Confidence

Michigan’s surrogacy laws open doors that were closed for decades. If you’ve dreamed of building your family through surrogacy, you can now pursue that dream right here in Michigan—with legal protections that recognize your parental rights from the start.

But those protections only apply when every statutory requirement is met. The contract, the screenings, the independent counsel, the notarization, and the pre-birth order aren’t formalities—they’re the legal foundation of your parentage. Under MCL 722.1906, intended parents become parents by operation of law at birth when the agreement complies with the statute. That compliance is everything.

At Boroja, Bernier & Associates, our family law attorneys help intended parents throughout Michigan navigate surrogacy agreements with care and precision. We ensure your agreement meets every statutory requirement, protect your parental rights, and guide you through every step from contract drafting to birth certificate.

With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, Southeast Michigan, and Mid-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 Michigan’s surrogacy laws and take the next step toward building your family.