Michigan's New Surrogacy Framework
Michigan's legal landscape changed significantly with the Assisted Reproduction and Surrogacy Parentage Act. The older 1988 framework that made compensated surrogacy contracts void and risky is no longer the correct way to describe Michigan surrogacy law for new journeys governed by the current act.
The current act recognizes assisted reproduction and surrogacy agreements, defines gestational and genetic surrogacy, and sets rules for establishing parentage. Because the statute is relatively new, intended parents should work with a Michigan-licensed reproductive attorney who is actively handling cases under the new law.
Key Requirements
Michigan's current framework includes detailed requirements for surrogacy agreements. These include minimum age requirements, prior birth for the surrogate, medical evaluation, mental health consultation, independent legal representation for the surrogate and intended parents, notarized signatures, and execution before covered medical procedures other than required evaluations and consultations.
Parentage
The act provides a path for intended parents to be recognized as parents of a child born through a compliant surrogacy agreement. Parentage timing and court procedure should be confirmed with Michigan counsel before embryo transfer and again before delivery.
LGBTQ+ Intended Parents
The statute defines intended parents in gender-neutral terms and can support different family configurations. LGBTQ+ intended parents should still confirm how local courts and vital-record procedures are being handled in practice, especially while the law is still new.
Practical Guidance
Michigan should now be treated as a workable state with a new statutory framework, not as a state where cross-border delivery is automatically recommended. The key is to retain experienced Michigan reproductive counsel early and make sure the agreement, clinic timing, insurance, and parentage plan comply with current Michigan law.
Michigan surrogacy guidance should be based on the current Assisted Reproduction and Surrogacy Parentage Act, not the repealed/replaced 1988-era approach. Because the law is new, attorney review is especially important.