Previously, Michigan was the only state in the nation to criminalize surrogacy contracts. The Michigan Family Protection Act, which took effect on April 1, 2025, repeals this outdated ban and now allows both compensated gestational surrogacy and altruistic surrogacy arrangements. This landmark legislation establishes legal protections for surrogates, intended parents, and children born through surrogacy in Michigan.
The Michigan Family Protection Act outlines the legal requirements for entering into a gestational surrogacy agreement in Michigan: Surrogates in Michigan must be at least 21 years old, have given birth to at least one child, complete both medical and psychological evaluations, and retain independent legal representation. Intended Parents in Michigan must also be at least 21 years old, complete a mental health consultation, and have their own legal counsel. Surrogacy contracts in Michigan must be notarized and signed before any medical procedures (except evaluations). Agreements must meet strict legal standards to be legally binding and enforceable.
Under Michigan’s updated surrogacy law, pre-birth parentage orders are available to intended parents. These orders ensure that intended parents' names appear on the baby’s birth certificate immediately after birth, eliminating the need for a post-birth adoption process.
Michigan law is inclusive. The Michigan Family Protection Act ensures that LGBTQ+ intended parents, single individuals, and international families pursuing surrogacy in the U.S. have equal legal rights and protections under Michigan law.
Michigan now supports legal gestational surrogacy, making it an increasingly surrogacy-friendly state. With the passage of the Michigan Family Protection Act, both compensated and altruistic surrogacy arrangements are allowed and protected by law. The state has established a reliable legal pathway for intended parents, surrogates, and children born through surrogacy.
Michigan law allows for pre-birth parentage orders, which enable intended parents to secure their legal rights before the child is born. These orders go into effect upon the child’s birth, eliminating the need for post-birth adoption. In most cases, court appearances are not required, and the process is handled administratively.
The Michigan Family Protection Act is inclusive of LGBTQ+ intended parents, single individuals, and international families. The law prohibits discrimination based on marital status, sexual orientation, or citizenship, ensuring all family types have equal access to surrogacy and legal protections.
Surrogacy contracts that meet the state’s legal requirements are fully enforceable in Michigan. The law mandates that all parties have independent legal representation and that contracts are signed and notarized prior to medical procedures. This ensures that all agreements are valid and legally binding.
Once a pre-birth parentage order is granted, the names of the intended parents are placed directly on the child’s Michigan birth certificate at birth. This streamlined process eliminates the need for additional legal actions after delivery.
In most Michigan surrogacy cases, court hearings are not necessary. Pre-birth orders are typically granted without requiring in-person appearances, offering intended parents a more efficient and predictable legal process.
In Michigan, parental rights in gestational surrogacy are protected by the Michigan Family Protection Act, regardless of whether the intended parents share a genetic connection with the child. Whether using their own sperm and eggs, donor gametes, or embryos, intended parents can secure clear, legal parentage through pre-birth parentage orders.
The law recognizes the intent to parent as the foundation for legal rights. Once a surrogacy agreement meets Michigan’s legal requirements, the court will grant parentage orders before the child’s birth, providing legal certainty, emotional reassurance, and full parental status from day one.
When both intended parents contribute their own genetic material, the process is typically straightforward. Michigan courts readily grant pre-birth orders, ensuring both individuals are legally recognized as parents upon the child’s birth — no post-birth action required.
If only one intended parent contributes genetic material, Michigan still permits both individuals to be named on the pre-birth order, so long as the surrogacy agreement is valid and all legal criteria are met. This is especially relevant for LGBTQ+ couples and unmarried partners.
Even if neither intended parent shares a genetic link to the baby — such as with donor embryos or double donation — Michigan law still allows for pre-birth parentage orders. Legal parentage is based on the intent to parent, not genetics, offering protection for all types of families.
To become a gestational surrogate in Michigan under the 2025 Michigan Family Protection Act, a woman must be at least 21 years old and have previously given birth to at least one child. She must complete both a comprehensive medical evaluation and a psychological screening to ensure she is physically and emotionally prepared for the surrogacy journey. Michigan law also requires that surrogates have independent legal counsel and sign a notarized surrogacy agreement before any fertility procedures take place. Participation must be fully voluntary, with informed written consent. While surrogates do not need to live in Michigan, delivery must occur in the state for Michigan’s legal protections to apply.
While Michigan law enforces legally executed surrogacy contracts, all parties have the opportunity to reconsider before medical steps begin. Once the contract is signed and notarized, it is enforceable under Michigan law.
No. Out-of-state intended parents and international intended parents can pursue gestational surrogacy in Michigan, as long as they follow the requirements set forth in the Michigan Family Protection Act.
The typical timeline is 30 to 60 days. It’s recommended that intended parents begin the legal process in the second trimester to ensure a timely outcome.
While not mandated by the Act, most surrogacy professionals strongly recommend that all agreements include provisions for surrogate medical insurance and supplemental surrogacy-related coverage.
Yes. As long as a pre-birth order is granted, the birth certificate issued by the state of Michigan will include only the intended parents’ names.
We work to build families all over the world. Whether you are located in the United States or abroad, we ensure that your experience is legal, safe, and filled with love.
