Surrogacy Laws in Michigan

Fast Facts

• Is Michigan a surrogate friendly state: Yes.
• Can Parent(s) obtain a birth order without an adoption: Yes.
• Can birth order be obtained without a genetic connection to Child: Yes.

Summary of Michigan Surrogacy Law

The Michigan Assisted Reproduction and Surrogacy Parentage Act (“ARSPA”) will go into effect on April 2, 2025.   ARSPA allows for uncompensated and compensated surrogacies.

Surrogacy agreements and the parties involved must meet certain requirements such as:

1. Child not conceived by sexual intercourse but through assisted reproduction.
2. “Agreement between 1 or more intended parents and a surrogate in which the “surrogate agrees to become pregnant by assisted reproduction and that provides that each intended parent is a parent of a child conceived under the agreement.”
3. All parties are over 21
4. Surrogate has given birth to at least one child
5. Medical evaluation concerning the surrogacy agreement has occurred
6. Completed a mental health consultation regarding surrogacy agreement both the IPs and the surrogate
7. Both have independent counsel of the individual’s choice during the entire term of the agreement regarding the terms and potential legal consequences of the surrogacy agreement
   1. Paid for by IPs
8. Jurisdictional requirements for Michigan
   1. At least one of the following:
      1. 1 party is a resident of Michigan
      2.  The birth will occur or is anticipated to occur in Michigan
      3. Assisted Reproduction will occur in Michigan.
9. If married surrogate’s spouse has to be a party and must acknowledge and agree to comply with the obligations imposed by the agreement.
10. Statement that intended parents are required to pay for independent, legal representation for the surrogate.
11. Each party must sign and each signature must be notarized
12. Dated. Must be executed before medical procedure occurs other than the medical eval and consultations.

Attorneys specializing in surrogacy law in California:

Melissa L. Neckers, Esq. (she/her)
https://millerjohnson.com/
(616) 831-1759
45 Ottawa Ave. Suite 1100
Grand Rapids, MI 49503
neckersm@millerjohnson.com