Is compensated surrogacy legal in Michigan?
Yes — as of 2024. For decades, Michigan was one of the only states to criminalize compensated surrogacy contracts entirely. The Michigan Family Protection Act repealed that ban and replaced it with a clear framework authorizing and regulating gestational surrogacy.
Are pre-birth parentage orders available?
Yes, under the new law. This is a major shift — previously, intended parents in Michigan often had to pursue lengthy and uncertain adoption proceedings after birth instead.
What the law requires
Written agreement
A surrogacy contract meeting the new statute's detailed requirements.
Independent legal counsel
Required for both the surrogate and intended parents.
Medical & mental health evaluation
Both are required components under the new statute.
Health insurance requirement
The law specifies health insurance coverage requirements for the surrogate.
"Michigan's reversal was one of the most significant recent changes in U.S. surrogacy law — it had been a true outlier, and now follows a modern, protective framework instead."
Who can be an intended parent in Michigan
The new law applies broadly, including to single individuals, married couples, and same-sex couples.
What this means for you as a surrogate
Because this law is still relatively new, it's especially important to work with an attorney experienced specifically in Michigan's current framework. Always confirm the latest details with independent legal counsel before proceeding.