The New Michigan Surrogacy Law
Since April 1, 2025, we have been guiding surrogates, intended parents, agencies, and IVF clinics in Michigan through the evolving complexities of national and international surrogacy journeys. The new Michigan Surrogacy Law stands out as a major advancement in U.S. reproductive legislation. Unlike many older statutes that often skew in favor of either the intended parents or the surrogate, Michigan’s newly enacted statute, crafted under the Michigan Surrogacy Parentage Act, is among the most balanced and precisely drafted legal frameworks in the country. It provides comprehensive legal recognition of all parties’ rights while prioritizing the best interests of the child. This clarity and neutrality make Michigan a legally stable and ethically sound jurisdiction for domestic and cross-border surrogacy arrangements.
The Michigan Reproduction and Surrogacy Parentage Act
The Reproduction and Surrogacy Parentage Act in Michigan marks a significant evolution in legal responses to reproductive technologies and family formation.
Historically, Michigan’s legal stance on surrogacy was shaped by the 1988 Baby M case, which cast a long shadow over surrogacy agreements, leading to restrictive laws that criminalized compensated surrogacy.
Over the decades, as societal attitudes towards assisted reproductive technologies (ART) and non-traditional family structures evolved, there was a growing recognition of the need for legal frameworks that could accommodate the complexities and ethical considerations of modern reproductive practices.
The Reproduction and Surrogacy Parentage Act emerged from this context, aiming to reconcile past legal precedents with current societal values and technological advancements. By establishing clear guidelines for surrogacy agreements, parentage determination, and the rights and responsibilities of all parties involved, the Act signifies a progressive step towards acknowledging and protecting the diverse ways families are created today, ensuring legal clarity and security for children born through ART and surrogacy.
The new law creates the foundation for parentage by securing a legal tie between all Michigan children and parents:
- For Children: A clear path is charted for securing the legal rights of children conceived through fertility treatment.
- For Parents: Parents, including both married and unmarried couples, LGBTQ+ individuals, and single parents who rely on fertility treatments to build their families, will be able to do so with a clear legal pathway.
- For Surrogates: The Act establishes a process for contracts that secure and protect everyone, including the child, carrier, and parents.