The Michigan Family Protection Act, which took effect on April 1, 2025, establishes comprehensive surrogacy laws for LGBTQ couples in Michigan that recognize your right to build your family. For LGBT intended parents who have long faced uncertainty and legal barriers in Michigan, this new framework provides the security and clarity you deserve. Michigan's gay surrogacy laws create equal opportunities for all families regardless of sexual orientation or gender identity. Below, we'll walk you through how these protections work and how to navigate the legal process with confidence. Ready to explore your options? Speak to a surrogacy specialist today to learn how Michigan's new laws can support your journey to parenthood.
LGBT Surrogacy Laws in Michigan and Establishing Parentage: Will We Get a Pre-Birth Order?
Yes. Surrogacy is legal for gay couples in Michigan, and same-sex couples can get a pre-birth order under Michigan's new legal framework. Courts can issue parentage judgments before or after the birth of your child, though these orders don't become effective until the moment of birth.
Your parentage petition must include attorney certifications confirming your surrogacy agreement complies with all statutory requirements. This built-in protection ensures your legal foundation is solid from the start.
The pre-birth process provides peace of mind during pregnancy, knowing your parental rights will be established the moment your baby arrives. At American Surrogacy, we coordinate with experienced attorneys who understand Michigan's requirements and can guide you through each step of securing your parentage judgment.
Michigan's new gay surrogacy laws eliminate the need for a genetic connection to establish legal parentage. Under the Assisted Reproduction and Surrogacy Parentage Act, both intended parents can be declared legal parents even if neither shares DNA with the child. Non-genetic mothers receive full legal recognition at birth through the parentage judgment. No additional steps are required to establish her parental rights. Similarly, both fathers may be declared legal parents. Michigan recognizes that two dads can use surrogacy in Michigan. The key requirement is proper documentation. Your parentage petition must include attorney certifications confirming your surrogacy agreement meets statutory requirements. This ensures the court has everything needed to approve your parentage order. Some families still choose to pursue second-parent adoption for additional security. This could be important if you plan to travel internationally or want extra protection for recognition in other states. However, under Michigan's new law, this is an optional precaution rather than a necessity. Rules for non-residents remain uncertain until the law is applied in practice. Marriage is not required to establish legal parentage in Michigan. Under the Assisted Reproduction and Surrogacy Parentage Act, unmarried LGBT couples can both be named as legal parents through a parentage judgment. Marriage after birth does not change or affect legal parentage once it's established through your parentage judgment. Your parental rights are secured through the court order, not through marriage. The foundation of your legal protection comes from having a valid, attorney-certified surrogacy agreement that complies with Michigan's requirements. This agreement provides the legal basis for court approval of your parentage order.Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Michigan?
What if We're Not Married — Can We Both Be Legal Parents?
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Michigan?
Yes, Michigan's surrogacy law fully supports single parents. The Assisted Reproduction and Surrogacy Parentage Act allows single parents to obtain parentage judgments without requiring a partner or spouse.
If you're using your own egg or sperm with donor material, you can be named the sole legal parent. Donors have no parental rights under the statute. If you're only using only donor material and have no genetic connection to the child, you're still eligible for a parentage judgment. Michigan's law recognizes that your intent to parent — not biology — determines legal parentage.
Parentage judgments may be issued before birth but take effect at the moment of birth. Extra legal steps are generally not required once your judgment is issued. However, some single parents choose to pursue additional orders for extra protection outside Michigan.
Under the Assisted Reproduction and Surrogacy Parentage Act, both intended parents will be listed on the child's birth certificate when there is a parentage judgment. The State Registrar must issue or amend the certificate to match the court order. Michigan's new law ensures how birth certificates work for gay couples using surrogacy is straightforward. You won't need to wait for adoptions or additional court proceedings to see both your names listed as parents. The exact wording on birth certificates — such as whether same-sex parents will be listed as "Parent and Parent" — hasn't been determined yet, as the law is still being implemented. Guidance will likely become clear as the first certificates are issued under the new statute. What matters most is that both parents' names will appear on the official birth certificate, providing the documentation you need. Processing times in Michigan vary depending on how you order your child's birth certificate. By mail, certified birth certificates take approximately four to five weeks under standard service, with expedited mail service available in two to three weeks. If you order online through VitalChek, standard processing averages 21 to 45 business days, while the "rapid" option takes just one to five business days. For immediate needs, same-day in-person pickup is available at select county clerk offices or the main MDHHS office in Lansing. Requests must be made before mid-afternoon and typically take two to three hours to process.How Will Our Names Appear on the Birth Certificate in Michigan?
How Long Will It Take to Get the Birth Certificate?
Do We Need a Second Parent Adoption After Surrogacy in Michigan?
Under Michigan's new law, a valid parentage judgment establishes both LGBT intended parents as the sole legal parents. Unlike states where gay parents need to adopt their own child, Michigan secures your legal parentage through a court order.
However, some parents still choose to pursue second-parent adoption for additional security, particularly if they plan to travel internationally or want extra protection for recognition in states with less inclusive laws.
Michigan only allows stepparent adoptions for married couples. If you're unmarried and want additional legal protection, marriage may be necessary before pursuing adoption.
It is uncertain whether non-resident intended parents can complete a second-parent adoption in Michigan based solely on your child being born there. This will depend on how courts apply the new law as more cases are decided.
How Surrogacy Contracts Protect LGBT Parents in Michigan
Michigan mandates attorney-certified surrogacy agreements that comply with LGBT surrogacy laws before a court can issue a parentage judgment. This requirement creates built-in protections for LGBT families.
Your contract clearly defines:
You will be your child's sole legal parents from birth. Donors are explicitly excluded from any parental rights under the statute, and the surrogate has no claim to parentage. The agreement outlines your surrogate's right to make her own medical decisions during pregnancy while clarifying your rights and involvement in pregnancy-related choices. Contracts may also address situations requiring additional steps, such as second-parent adoption for extra security.
Your contract serves as the legal proof courts require to grant your parentage judgment, whether issued before or after birth. The attorney certification process ensures your agreement meets all statutory requirements from the start.
Why Work With a Surrogacy Agency if You're an LGBT Couple in Michigan
Michigan's new legal landscape creates exciting opportunities, but navigating gay surrogacy laws successfully requires expertise and support. American Surrogacy is one of the leading surrogacy agencies that helps gay couples in Michigan.
Our team can:
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Achieve faster match times through our extensive network of surrogates
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Connect you with attorneys who specialize in LGBT surrogacy law
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Navigate unique challenges that same-sex couples may face across state lines
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Handle the complex logistics so you can focus on preparing for parenthood
We understand that every LGBT family-building journey is unique. Whether you're coordinating with egg or sperm donors or balancing work and travel schedules, our experienced coordinators provide personalized support through every stage.
At American Surrogacy, we celebrate all paths to parenthood and believe every family deserves a safe and supportive surrogacy journey.
Working with an attorney who understands LGBT family law is essential for navigating Michigan's surrogacy process successfully. We've partnered with experienced professionals who specialize in this area: Ellen Essig (Cincinnati, OH): Ellen has over 30 years of experience in collaborative reproduction and fertility law, representing clients worldwide. Beverly Cox (Toledo, OH): Beverly is an experienced attorney licensed in both Ohio and Michigan who has been practicing family, surrogacy and assisted reproductive technology law for over 20 years. Both attorneys understand the nuances of Michigan's new law and have extensive experience helping same-sex couples secure their parental rights. They can ensure your surrogacy agreement meets all requirements, guide you through the parentage petition process and address any unique aspects of your situation.Finding an LGBT-Friendly Surrogacy Attorney in Michigan
How to Get Started With LGBT Surrogacy in Michigan
Michigan's LGBT surrogacy laws allow same-sex couples and single parents to build their families with legal clarity and protection. Now is the time to begin your surrogacy journey.
Your first step is connecting with a surrogacy agency that understands the unique aspects of LGBT family building. At American Surrogacy, we'll help you understand Michigan's specific legal requirements, coordinate with experienced attorneys and match you with a surrogate who is excited to support your journey to parenthood.
We'll guide you through the process of creating your profile, reviewing potential surrogate matches and preparing for your baby's arrival. Our team ensures you understand the timeline, costs and legal processes specific to LGBT surrogacy in Michigan.
Ready to learn more? Contact our surrogacy specialists today for a consultation. We're here to help you navigate this exciting opportunity and create the family you've been dreaming of.