As of April 2025, gestational surrogacy is fully legal in Michigan. This means hopeful parents and prospective surrogates in the state finally have clear protections, rights and pathways to parenthood.
Whether you’re dreaming of growing your family or thinking about helping someone else build theirs, it’s important to understand how the state’s surrogacy laws affect you. This guide will walk you through the entire surrogacy legal process in Michigan and help you feel confident about the journey ahead.
If you have questions, our team is here to help. Speak with a surrogacy specialist today for guidance on navigating Michigan's new laws.
Michigan Surrogacy Laws: A New Era of Legal Protection
Starting in April 2025, gestational surrogacy is fully legal in Michigan under the Assisted Reproduction and Surrogacy Parentage Act. It’s a major milestone for intended parents and surrogates across the state.
This landmark law ensures that intended parents — regardless of marital status, gender or sexual orientation — can establish legal parentage through a pre-birth court order, eliminating the need for post-birth adoption. It also allows surrogates to be legally compensated and protected through enforceable contracts.
With this law in place, Michigan joins the list of surrogacy-friendly states where families can feel supported and legally protected.
Is Paid Surrogacy Legal in Michigan? Yes, Compensation Is Now Permitted
Yes, paid surrogacy is now legal in Michigan. The new surrogacy law permits compensation for surrogates in recognition of their time, dedication and emotional and physical commitment.
Compensation is not just about money — it’s about ensuring that surrogates can focus on the journey without added stress. American Surrogacy helps connect intended parents and surrogates in Michigan, where paid surrogacy is now fully protected under state law.
Want to learn more about how surrogate compensation works and what it typically includes? Explore our surrogate compensation guide.
Are Surrogacy Contracts Enforceable in Michigan? Yes, and Here Are the Criteria
Yes. Thanks to the new law, surrogacy contracts are now valid and enforceable in Michigan. But like any legal agreement, there are specific criteria you must meet:
The contract must be in writing and signed by all parties. Each party must have their own independent attorney. The agreement must clearly outline rights, responsibilities and expectations. The surrogate must be at least 21 years old, have given birth to at least one child, complete both medical and mental health evaluations, and provide informed consent.
Surrogacy Contract Checklist
A solid contract is the foundation of a smooth surrogacy journey. It ensures that everyone is on the same page and legally protected.
Here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
At American Surrogacy, we work with leading surrogacy attorneys to ensure your contract reflects your wishes and complies with state law.
When Do I Need a Surrogacy Contract in Michigan?
Once you’ve matched with your surrogate, your next step is drafting the contract. You cannot begin medical procedures like embryo transfer until this contract is signed and notarized.
Learn more about the surrogacy timeline and what comes next in your journey.
Where Do I Sign My Surrogacy Contract?
Your surrogacy contract doesn’t need to be signed in Michigan specifically, but the arrangement must have a clear connection to the state. That means the arrangement must have a connection to Michigan, such as:
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The surrogate or intended parent lives in Michigan
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The embryo transfer or the birth takes place within the state
The contract must also be notarized. You can find notary services at:
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Banks
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UPS stores
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Online notary platforms
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Local government offices
Expert Help, Every Step of the Way: How American Surrogacy Support You During the Contract Stage
With American Surrogacy, you don't have to navigate the legal process alone. We coordinate with top surrogacy attorneys and guide you through every requirement, helping you feel informed and empowered.
Our team works closely with your attorney to make sure your contract is ready for court approval.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
You can be sure that before we ever present a surrogate’s profile to you, we’ve already reviewed the state’s laws and confirmed everything is legally sound.
LGBTQ+ Surrogacy Laws in Michigan: Inclusive Protections for All Families
Michigan’s new surrogacy law is inclusive and supportive of LGBTQ+ family-building.
LGBTQ+ intended parents will both be named on the child’s birth certificate. However, it's unclear what terms the state will use yet (parent, mother, etc.). Married and unmarried LGBTQ+ couples can get a pre-birth order, even if neither partner is genetically related to the baby. Married LGBTQ+ couples may also obtain second-parent adoptions for additional legal clarity.
At American Surrogacy, we support all family-building journeys and celebrate every path to parenthood.
Abortion Laws in Michigan and Surrogacy Contract Termination Agreements
Michigan’s constitution protects the right to abortion and does not restrict the procedure based on gestational duration. However, Medicaid coverage for abortion care is not permitted in the state.
Every surrogacy contract includes clear terms regarding pregnancy termination and selective reduction. These decisions are made between the intended parents and the surrogate and must be addressed in your contract.
If you live in a state with more restrictive abortion laws, American Surrogacy can help you explore surrogacy in Michigan and other states that better reflect your personal values and needs.
Surrogacy Laws for Establishing Parentage in Michigan: Legal Steps to Become a Parent
Michigan’s surrogacy law makes it straightforward to establish legal parentage before or after the child is born.
Pre-birth orders are available to single intended parents as well as married or unmarried couples, regardless of whether they have a genetic connection to the child. Although pre-birth orders are the preferred route, post-birth orders are also available when needed.
Michigan’s parentage laws are designed to protect your rights from day one.
How to Get a Pre-Birth Order
Here are the steps to request a pre-birth order in Michigan:
Your attorney will handle the paperwork, including preparing your petition, filing in the appropriate court and submitting your surrogacy contract and supporting documents. No court hearing is required. Once your petition is reviewed and approved, the court will issue a pre-birth parentage order. You’ll receive a birth certificate after the baby is born, but it's unknown what the processing time will be like yet.
International Surrogacy Laws: Are There Any Guidelines for Global Parents?
Michigan law doesn’t have separate laws for international intended parents. However, the same protections and procedures apply.
If you live outside the U.S., American Surrogacy can help you match with a surrogate in Michigan or another surrogacy-friendly state.
The Role of a Surrogacy Attorney in Michigan: Your Legal Advocate
A surrogacy attorney is essential to protect your rights, draft and review your contract and guide you through the legal parentage process.
American Surrogacy partners with experienced surrogacy attorneys throughout Michigan and neighboring states. We can help you connect with the right professional for your journey.
Are you ready to connect with a surrogacy attorney?
How much does a surrogacy lawyer cost?
Legal fees vary depending on the law firm and complexity of your case, but in Michigan, they generally range from $5,000 to $15,000. Intended parents are responsible for covering their surrogate’s legal fees.
The good news? American Surrogacy includes legal services in our program fees, so you won’t need to budget for unexpected costs.
Find a Surrogacy Attorney Near Me
Looking for a trusted surrogacy attorney? These professionals are part of our trusted network:
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The Family Law & Fertility Law Group (Cincinnati, OH): Ellen Essig is a founding partner of her firm and longtime member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA). She specializes in assisted reproduction, LGBTQ+ family formation, gametes donation and surrogacy.
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Law Office of Beverly J. Cox (Toledo, OH): Licensed in Michigan and Ohio, Beverly Cox has guided clients through assisted reproduction since 2007. She's also a member of the AAAA.
Explore Our Surrogacy Programs in Michigan: Find the Right Fit for Your Journey
We offer three flexible programs to meet your unique needs:
Limited Risk Program
This program protects your financial investment in the case of setbacks. Whether it’s a failed embryo transfer or a surrogate disqualification, your investment is refunded or credited so you never pay twice.
Foundation Program
With lower upfront costs, this pay-as-you-go model is ideal for families whose journey progresses smoothly. If additional procedures are needed, costs may increase accordingly.
Independent Surrogacy Program
Already found your surrogate? We’ll take it from here. Our Independent Program provides full legal and agency support without duplicate screening or unnecessary expenses.
FAQ: Legal Aspects of Surrogacy in Michigan
Are insurance companies required to cover IVF in Michigan?
No. Michigan does not require insurance providers to cover IVF. States that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Michigan?
No. Michigan law does not define embryos as legal persons. Courts have ruled that non-viable fetuses are not considered "persons" under the Wrongful Death Act.
Is traditional surrogacy legal in Michigan?
Yes. Traditional surrogacy is legal under the new law. However, it carries more legal and emotional risks. Most professionals recommend moving forward with gestational surrogacy instead.
Do sperm and egg donors have parental rights?
No. Under Michigan law (section 333.2824), sperm and egg donors do not have parental rights if a valid donation agreement is in place.
Is there an IVF Tax Credit?
No. Michigan does not offer a specific IVF tax credit. However, you may be able to deduct qualified medical expenses on your federal return if they exceed 7.5% of your adjusted gross income.
Ready to Begin Your Michigan Surrogacy Journey?
Whether you’re building your family or helping someone else do the same, Michigan’s new surrogacy laws make it easier than ever to take that next step. And with American Surrogacy by your side, you’ll have the support and guidance you need every step of the way.
Contact us today to speak with a surrogacy specialist.