Your Path to Parenthood in Michigan Starts Here

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Michigan has quickly emerged as one of the most exciting jurisdictions for surrogacy in the United States. Effective April 2025, Michigan's Assisted Reproduction and Surrogacy Parentage Act ("ARSPA"), part of the Michigan Family Protection Act, transformed Michigan from one of the most restrictive surrogacy states in the country into a jurisdiction with one of the nation's most comprehensive statutory frameworks for assisted reproduction, surrogacy, and parentage. The law is codified at MCL 722.1701 through 722.1909 and provides intended parents, gestational carriers, fertility clinics, and attorneys with a clear legal roadmap for creating families through assisted reproduction.

Unlike many states that rely heavily on court-created precedent, Michigan now offers a detailed statutory system governing gestational surrogacy agreements, parentage judgments, donor conception, embryo donation, and assisted reproduction. The statute authorizes enforceable compensated surrogacy agreements, permits pre-birth parentage judgments, and recognizes intended parents as the legal parents of a child born through a compliant surrogacy arrangement.

One of the most significant advantages of Michigan's surrogacy law is its broad inclusiveness. The statute applies to married and unmarried intended parents and provides equal protection to heterosexual couples, same-sex couples, single parents, and families created through donor eggs, donor sperm, donor embryos, or other forms of assisted reproduction. Michigan law focuses on the parties' intent to become legal parents rather than solely on genetics, making the state an attractive option for many modern family-building journeys.

Michigan law allows for strong protection for Intended Parents located within the United States or aborad. 

Michigan's law also expressly addresses donor conception and assisted reproduction, providing important legal certainty for intended parents who may not share a genetic connection with their child. This clarity is particularly valuable for LGBTQ+ families, intended parents utilizing donor embryos, and individuals pursuing family building through assisted reproductive technology.

Michigan law places significant emphasis on protecting all participants in a surrogacy arrangement through mandatory screening requirements.

Before entering into a gestational surrogacy agreement, the gestational carrier and each intended parent must complete a mental health consultation or evaluation performed by a mental health professional licensed in Michigan. These evaluations are designed to ensure that all participants understand the medical, emotional, and legal implications of the surrogacy process and are prepared to proceed with informed consent.

Michigan law also requires that a gestational carrier undergo a medical evaluation conducted by a physician licensed in Michigan. The evaluation confirms that the gestational carrier meets the medical criteria for participation in a surrogacy arrangement and understands the medical risks associated with pregnancy and assisted reproduction.

These screening requirements reflect Michigan's policy of balancing legal certainty for intended parents with meaningful protections for gestational carriers.

Michigan law requires independent legal representation for all parties participating in a gestational surrogacy arrangement. The intended parents and the gestational carrier must each be represented by separate attorneys licensed to practice law in Michigan before executing a gestational surrogacy agreement. This requirement helps ensure that each party receives independent legal advice regarding their rights, obligations, risks, and expectations before entering into a legally binding arrangement.

For intended parents, this requirement provides confidence that the resulting agreement will satisfy Michigan's statutory requirements and support the issuance of a parentage judgment. For gestational carriers, independent representation helps ensure informed decision-making and protection of their legal interests throughout the process.

One of the most significant benefits of Michigan's new law is its streamlined process for establishing legal parentage. Michigan courts may enter parentage judgments before a child's birth, allowing intended parents to secure legal recognition before delivery. When the statutory requirements are satisfied, intended parents are recognized as the child's legal parents, and the gestational carrier is not treated as a legal parent of the child. Birth certificates may be issued consistent with the parentage judgment, naming the intended parents of the only parents of the child with no mention of surrogacy, providing families with immediate legal clarity following birth.

Although Michigan's surrogacy law is relatively new, many fertility professionals consider it one of the most thoughtfully drafted surrogacy statutes in the country. The law combines clear eligibility requirements, mandatory legal and psychological safeguards, comprehensive protections for gestational carriers, recognition of diverse family structures, and efficient parentage procedures. 

As a result, Michigan has rapidly become an attractive destination for intended parents domestic an international pursuing gestational surrogacy, donor-assisted reproduction, embryo donation, and other forms of assisted reproductive technology.

Ready to take the first step on your path to parenthood? Contact us today to schedule an appointment and learn more about legal options in Michigan and throughout the United States.