As of April 2, 2025, significant changes to Michigan’s family law landscape took effect, particularly affecting unmarried parents, same-sex couples, and those using surrogates or donors. Michigan family law attorney Jim Creve of Kraayeveld Family Law, who has over 30 years of experience, breaks down these new laws and their implications.
Key Legislative Changes
The new laws include several important acts:
- Michigan Family Protection Act (MFPA)
- Acknowledgment of Parentage Act (APA)
- Revocation of Parentage Act (ROPA)
- Genetic Parentage Act (GPA)
- Summary Support and Paternity Act (SSPA)
- Assisted Reproduction and Surrogacy Parentage Act (ARSPA)
The Michigan Family Protection Act
The MFPA is a comprehensive law that represents a major shift in Michigan’s approach to family law. One of its most significant changes is the repeal of the previous surrogacy law which deemed paid surrogacy agreements void. This act aligns Michigan’s laws with the U.S. Supreme Court decision in Obergefell v. Hodges, affirming that same-sex spouses should have equal treatment under the law.
Assisted Reproduction and Surrogacy Parentage Act (ARSPA)
The ARSPA allows for enforceable surrogacy agreements, a major departure from the previous law that criminalized compensated surrogacy. To enter into a surrogacy agreement, several requirements must be met:
- The surrogate must be at least 21 years old and have previously given birth.
- Both the surrogate and the intended parents must undergo medical evaluations and mental health consultations.
- Each party must have an attorney review and represent them throughout the process.
Creve emphasizes that “people who are going to be entering these agreements need to have attorneys involved from start to finish.” This process is lengthy and detailed, ensuring all parties are protected and informed.
Acknowledgment of Parentage Act (APA)
Originally established in 1996, the APA has been updated to enable both biological mothers and intended parents to sign acknowledgments prior to the birth of a child. This legal recognition is crucial for establishing parentage rights, especially in assisted reproduction cases. Notably, the terminology has shifted from “father” and “mother” to more inclusive terms like “parent.” Creve notes, “This is a big step toward recognizing diverse family structures.”
Revocation of Parentage Act (ROPA)
Previously known as the Revocation of Paternity Act, ROPA allows for rectifying parentage mistakes. For instance, if a mother later identifies that a man who signed an acknowledgment is not the biological father, he now has standing to pursue his rights in court.
Additional Legislative Changes
The GPA and SSPA also underwent terminology updates to reflect gender-neutral language, aligning with modern family dynamics. Furthermore, as of October 2024, the state of Michigan will no longer require reimbursement of birthing expenses when child support is pursued by the government on behalf of a mother.
What Lies Ahead
With these changes, the landscape of family law in Michigan is set to evolve significantly. Creve acknowledges that “there are a lot of changes to be taken into account,” and anticipates that some attorneys may not fully grasp these new laws. As such, clarity will likely come from future court interpretations.
