Michigan Surrogacy Laws
Stance of Courts Toward Surrogacy
The new legislation passed beginning in Spring of 2025, the Assisted Reproduction and Surrogacy Act – Surrogacy is now permitted and surrogacy agreements are enforceable.
Intended Parents Marital Status / Establishing Parentage
Under the new legislation, intended parents, regardless of sexual orientation, marital status, and genetic relation, will be able to obtain pre-birth parentage order if under legally compliant agreements
Money Permitted?
Yes. New legislation allowing for legal gestational surrogacy agreements with compensation, effectively legalizing paid surrogacy in Michigan.
Summary of Law
Under Michigan’s Surrogate Parenting Act (MCL Section 722.851), surrogacy contracts for compensation are considered void and unenforceable. However, recent legislation (Assisted Reproduction and Surrogacy Parentage Act) will allow enforceable surrogacy agreements provided statutory requirements are met
Cases, Additional Info
Michigan Surrogate Parenting Act MCL Section 722.851, declares surrogacy contracts to be void and unenforceable as against public policy., however in the Spring of 2025 new legislation will allow enforceable surrogacy agreements if requirements are met