Michigan Surrogacy Laws

Under Michigan statute, any gestational or traditional surrogacy contract, agreement, or arrangement is void and unenforceable as contrary to public policy (M.C.L.A. 722.855.). A person who enters into a Michigan surrogate parentage contract for compensation can be subjected to fines and criminal penalties.  

The Michigan Surrogate Parenting Act does not differentiate between gestational and traditional surrogacy. Compassionate surrogacy arrangements are the only lawful surrogacy arrangements in Michigan.

Laws Concerning Parentage Orders in Michigan

Michigan only allows for its courts to grant pre-birth parentage orders in compassionate surrogacy cases. Compassionate surrogacy arrangements in Michigan generally involve a close friend or family member acting as the surrogate for intended parents. While such agreements are not illegal, compensation is still prohibited.  

In these situations, courts will only grant a pre-birth order if the intended parents are married, at least one of the intended parents is genetically related to the child, and the gestational carrier and intended parents have independent legal representation (see the Michigan Surrogate Parenting Act).

Egg and Sperm Donor Law in Michigan

Under Michigan statute, “a child conceived by a married woman with consent of her husband following the utilization of assisted reproduction technology is considered to be the legitimate child of the husband and wife,” (M.C.L.A. 333.2824(6).).  

Michigan Stepparent and Second-Parent Adoption Law

Michigan allows for its courts to grant stepparent adoptions in limited circumstances. The couple must be married and of opposite sex. Historically, Michigan did not recognize same-sex marriage, so only opposite-sex, married couples were eligible for stepparent adoptions. This area of Michigan state law may be ripe for a constitutional challenge.

Fertility Clinics in Michigan

Meet with Baby Steps Surrogacy Center, Inc.

When you’re looking to complete your family, you don’t have the time or energy it takes to successfully navigate Michigan surrogacy laws. That’s where Baby Steps Surrogacy Center, Inc. can help you. To speak with us, give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.