What’s New in Michigan Surrogacy Law

Big changes have finally come to Michigan - changes that open the door to legal, protected surrogacy. The Michigan Family Protection Act, signed in 2024 and effective April 1, 2025, repeals old bans and creates a modern framework for surrogacy and assisted reproduction.

Here’s what has changed, and what it means if you are an intended parent, a surrogate, or are considering starting a journey.

What’s Different Now

1. Legalization of Compensated Surrogacy
   Michigan is no longer one of the states that criminalized contracts for paid surrogacy. Under the new law, surrogacy agreements involving compensation are now legal if they meet certain conditions.

2. Surrogacy Agreements Are Enforceable
   Before, contracts between intended parents and surrogates were void and not recognized under Michigan law. Now, an agreement that substantially complies with statutory requirements is enforceable.

3. Automatic Parental Rights / Parentage Clarity
   Intended parents can now have their parentage recognized immediately at birth without needing to go through a lengthy adoption process. This means name(s) on the birth certificate at birth in many cases.

4. Protections for Surrogates
   The law mandates medical and psychological screening, requires that surrogates have independent legal representation, and that agreements ensure they are fairly compensated.

5. Equality for Families
   LGBTQ+ couples, unmarried parents, and other non-traditional families are now more explicitly protected under Michigan’s parentage laws. Also, children born via assisted reproductive technology (ART) and IVF are treated more fairly under the law.

What to Watch Out For & Key Requirements

Even though the laws are more surrogacy-friendly, there are important statutory conditions that must be met for everything to work smoothly. Here are some of them:

• Surrogates must be at least 21 years old and have previously carried a pregnancy.

• Medical & psychological screening are required.

• Independent legal counsel must be available for all parties (intended parents and surrogate), so their rights are protected.

• Surrogacy contracts must meet the formal requirements (written, compliant with Michigan’s statute) to be enforceable.

What This Means in Practice

• Faster legal recognition: Intended parents can avoid post-birth adoption hurdles and delays.

• Greater certainty and protection for everyone involved: surrogates, intended parents, and the resulting child.

• More access: People considering surrogacy in Michigan now have clearer pathways and fewer legal risks.

• Inclusivity: Intended parents of all kinds (including LGBTQ+, single, etc.) have a stronger legal footing.

What to Ask Your Surrogacy Agency / Legal Counsel

• Does your surrogate agreement meet Michigan’s statute’s requirements (e.g., legal counsel, screening, compensation)?

• How does the agency ensure that intended parentage is recognized at birth under the new law?

• What is required for out-of-state clinics or surrogates (if any)?

• How are surrogates supported medically, emotionally, and legally under these laws?

• What are the timelines (when things like legal parentage, birth certificate changes, etc., happen)?

The passage of the Michigan Family Protection Act marks a major turning point. What was once deeply uncertain and legally fraught is now more transparent, protected, and equitable.

At Cove Family Co., we’re excited to help families and surrogates navigate this new era. If you’re interested in surrogacy in Michigan - or want to understand how these changes affect your situation - reach out. We believe everyone deserves to build their family with clarity, dignity, and support.