Starting April 1, 2025, Michigan is making a big change for growing families. The state will allow legally binding surrogacy agreements, which used to be completely forbidden. Before this new law, Michigan was the only state that had both criminal and civil bans on surrogacy, making it impossible for people to use this family-building option.
The Assisted Reproduction and Surrogacy Parentage Act, signed in 2024, is changing everything. This new law gives important legal protections to everyone involved in surrogacy: the intended parents, the surrogate, and the children born through this process. The most important change is that intended parents can now be automatically listed as legal parents on the birth certificate, without having to go through a complicated adoption process.
Who Can Be a Surrogate in Michigan?
The new law sets clear rules about who can become a surrogate. To be eligible, a surrogate must:
– Be at least 21 years old
– Have previously given birth to a child
– Pass a medical evaluation
– Complete a mental health consultation
– Have their own lawyer to represent them
Requirements for Intended Parents in Michigan
Intended parents must also meet certain requirements:
– Be at least 21 years old
– Complete a mental health consultation
– Have their own legal representation
Important Protections
The new law ensures that:
– Surrogates have the right to make their own health decisions
– Intended parents cover the surrogate’s legal costs
– All agreements must be made before any medical procedures begin
What Happens If Something Changes?
The law allows some flexibility:
– Parties can mutually agree to end the surrogacy agreement before pregnancy
– A surrogate can withdraw before becoming pregnant
– Once pregnant, a surrogate cannot be forced to terminate the pregnancy
Michigan’s new surrogacy law is a major step forward. It provides a clear, fair process for people who want to start or expand their families through surrogacy.
