Michigan

Surrogacy Law in Michigan

Michigan Surrogacy Law: Types of Surrogacy

In Michigan, gestational surrogacy is prohibited, based on Michigan Surrogate Parenting Act MCL Section 722.851. The law makes all surrogacy contracts, agreements, or arrangements “void and unenforceable as contrary to public policy.” In addition, surrogacy contracts for compensation are subject to criminal penalties.

Traditional (genetic) surrogacy is similarly prohibited; the only surrogacy arrangements permitted in the state are compassionate surrogacy cases, uncompensated under penalty of law.

Are There Surrogate Requirements in Michigan?

No specific legal requirements exist to serve as a gestational surrogate in the state of Michigan.

Does Michigan Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Michigan do grant pre-birth orders.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Single parents using an egg or sperm donor

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

n/a

No

Whose names go on the birth certificate in Michigan?

Same-sex parents are listed on a birth certificate as “parent and parent,” or “mother and father.”

International same-sex male couples can receive an initial birth certificate naming the biological father and the gestational surrogate. Amendments can be made to the birth certificate that name both fathers without the gestational surrogate, once a post-birth adoption is completed in another state or country. This process cannot be expedited solely by the child being born in Michigan. In general, this may be a difficult issue to circumvent; Michigan does not allow unmarried couples to adopt (same-sex or heterosexual), and Michigan does not currently recognize same-sex marriages, although this issue is being challenged in court.

Surrogacy Conditions for Same-Sex Couples in Michigan

Are There Options for Unmarried Intended Parents in the state of Michigan?

Egg Donation Law

Michigan’s assisted reproduction statute says, “A child conceived by a married woman with consent of her husband following the utilization of assisted reproductive technology is considered to be the legitimate child of the husband and wife.”  MCL333.2824(6) is gender neutral but limited to a married husband and wife.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Michigan*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.