Legal note: Michigan's surrogacy law changed substantially in 2025. This is an educational summary of the current statute, not legal advice. Use Michigan counsel for agreement drafting and parentage planning.
Who may enter a surrogacy agreement?
Under ARSPA, a person acting as surrogate must be at least 21, must previously have given birth to at least one child, must complete a medical evaluation and mental-health consultation, and must have independent legal representation by a Michigan-licensed attorney. Intended parents must also be at least 21, complete a mental-health consultation, and have independent Michigan legal representation.
Jurisdictional connection
A Michigan surrogacy agreement must satisfy at least one statutory connection to the state: at least one party is a Michigan resident, the birth will occur or is anticipated to occur in Michigan, or the assisted reproduction under the agreement will occur in Michigan.
Agreement formalities
The intended parent or parents, the surrogate, and the surrogate's spouse if applicable must be parties to the agreement. The required signatures must be notarized. The intended parent or parents must pay for the surrogate's independent legal representation.
Timing before medical procedures
ARSPA requires the surrogacy agreement to be executed before medical procedures related to the surrogacy arrangement begin, other than the required medical evaluation and mental-health consultations.
Parentage
ARSPA provides rules for parentage of a child conceived under a compliant surrogacy agreement and defines an intended parent in gender-neutral terms as an individual, married or unmarried, who intends to be legally bound as a parent. The exact filings and birth-record documentation for a particular case should be coordinated with Michigan counsel and the relevant court or vital-record authority.
Why older Michigan surrogacy guides can be wrong
Older materials may still describe Michigan using the former surrogate-parentage restrictions. For journeys governed by current law, the April 2, 2025 statutory framework is the relevant starting point.
What this page does not assume
- It does not rank Michigan against other states.
- It does not assume every agreement automatically qualifies under ARSPA.
- It does not assume an Affidavit of Parentage used for non-surrogacy assisted reproduction is the correct parentage document for a surrogacy case.
- It does not substitute a generic “surrogacy-friendly” label for the statutory requirements.