Michigan replaced its former prohibition with the Family Protection Act, effective April 2, 2025. The new framework expressly validates qualifying compensated gestational-surrogacy agreements, includes married and unmarried intended parents without a genetic-link requirement, and provides parentage by operation of law at birth.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
MCL 722.1902–722.1903 authorize and regulate written gestational-surrogacy agreements, including compensation, support, and reasonable expenses. The carrier, her spouse if any, and every intended parent must sign before a medical procedure related to the agreement, with notarization and independent Michigan counsel whose reasonable fees the intended parents pay for the carrier.
The surrogate must be at least 21, have previously given birth, complete a medical evaluation and mental-health consultation, and be represented throughout by independent Michigan counsel. The agreement must preserve her right to make health and welfare decisions concerning herself and the pregnancy.
MCL 722.1906 makes each intended parent a legal parent by operation of law immediately at birth under a compliant agreement. Section 722.1908 permits a judgment before, on, or after birth to confirm parentage, exclude the carrier and spouse, and direct the birth record and hospital.
Older Michigan summaries describing all compensated surrogacy as prohibited are obsolete for agreements governed by the Family Protection Act.
Document residence, anticipated Michigan birth, or Michigan assisted-reproduction treatment before relying on the Act's agreement and parentage procedures.
Each side needs independent Michigan representation, and the surrogate's representation continues throughout the agreement rather than ending at signature.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Ask separate Michigan attorneys to confirm § 722.1901 eligibility and the § 722.1902 nexus, complete the agreement before related procedures, and calendar the § 722.1908 parentage petition.
The surrogate must be at least 21, have previously given birth, complete a medical evaluation and mental-health consultation, and be represented throughout by independent Michigan counsel. The agreement must preserve her right to make health and welfare decisions concerning herself and the pregnancy.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. MCL 722.1902–722.1903 authorize and regulate written gestational-surrogacy agreements, including compensation, support, and reasonable expenses. The carrier, her spouse if any, and every intended parent must sign before a medical procedure related to the agreement, with notarization and independent Michigan counsel whose reasonable fees the intended parents pay for the carrier.
MCL 722.1906 makes each intended parent a legal parent by operation of law immediately at birth under a compliant agreement. Section 722.1908 permits a judgment before, on, or after birth to confirm parentage, exclude the carrier and spouse, and direct the birth record and hospital.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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