Center for Surrogate Parenting, LLC.

Michigan Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Michigan surrogacy law


Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Michigan surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Michigan surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Michigan is a risky state to proceed with a surrogacy arrangement in because the state statutorily declares all surrogacy contracts to be void and unenforceable. It also establishes criminal liability and fines for those who engage in any compensated surrogacy. However, for cases of compassionate or altruistic surrogacy arrangements in which no compensation or payment of living expenses is involved, courts may grant parentage orders in certain situations.

    • Does the state have surrogacy laws and/or case law?

      The Michigan Surrogate Parenting Act establishes the illegality and unenforceability of all surrogacy arrangements, finding that they are contrary to public policy. The Act also establishes criminal penalties for those engaged in surrogacy for compensation or living expenses.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Michigan courts are typically unfavorable towards surrogacy arrangements, especially if the agreement involves compensation or payment of living expenses to the surrogate. However, Michigan courts may be more favorable towards surrogacy arrangements in some counties if the agreement does not provide for compensation and when at least one intended parent is genetically related to the child.

    • Is commercial surrogacy legal?

      No, the Michigan Surrogate Parenting Act expressly prohibits compensated surrogacy arrangements, including the payment of living expenses, and any violation risks the parties facing criminal liability and penalties.

    • Is traditional surrogacy permitted?

      The Michigan Surrogate Parenting Act expressly prohibits compensated surrogacy arrangements of all kinds (including traditional) and holds all surrogate parenting contracts as void and unenforceable. However, traditional surrogacy arrangements that are altruistic/uncompensated are not specifically prohibited and are thus technically permitted, although this is a risky practice in this state.

    • Is gestational surrogacy allowed?

      As with traditional surrogacy arrangements discussed above, gestational surrogacy is not permitted if it involves compensation or payment of living expenses. Although altruistic or compassionate gestational surrogacy is permitted, any contract is still unenforceable under the Michigan Surrogate Parenting Act.

    • What are the requirements for an enforceable surrogacy contract?

      Since Michigan statutorily prohibits compensated surrogacy contracts and holds all surrogacy agreements to be void and unenforceable, there is not a specific set of guidelines for when a judge may uphold the validity of an uncompensated surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

    • Are pre-birth and post-birth orders permitted?

      Pre-birth and post-birth orders are permitted in compassionate surrogacy cases (no compensation) only. The intended parents must also be married and at least one of them must be genetically related to the child. Additionally, the intended parents and the surrogate must be represented by independent legal counsel.

    • Can both intended parents be declared the legal parents?

      Yes, but only if the surrogacy arrangement is altruistic/compassionate (no compensation or payment of living expenses). The intended parents must also be married and at least one must be genetically related to the child. Additionally, the intended parents and the surrogate must be represented by independent legal counsel.

    • Will the state honor a pre-birth order issued by another state?

      Yes, but only if the order does not violate the Michigan Surrogate Parenting Act.

    • What do intended parents need to know about getting the baby’s birth certificate?

      It can take one week to a few months to receive the birth certificate, depending on the county. Same-sex parents are named as Parent and Parent or Mother and Father.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the gestational carrier, but only if they first complete a post-birth adoption in another state.

    • Are post-birth adoptions permitted?

      Post-birth adoptions are permitted in compassionate surrogacy cases only. All unmarried couples and same-sex couples, regardless of genetic relationship to the child, will typically be required to complete a post-birth adoption to secure their parental rights. In addition, any married couple or single intended parent that shares no genetic connection to the child will also be required to complete a post-birth adoption to secure his or her parental rights.

      However, because second-parent adoptions are not available in Michigan, unmarried couples will be required to seek a post-birth adoption outside the state to secure their legal parental rights.

    • Are second-parent adoptions permitted?

      Post-birth adoptions are permitted by a single person or by a married couple, but Michigan does not permit two unmarried people to adopt (i.e., no second-parent adoptions are allowed).

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and available to married couples in compassionate surrogacy cases only.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.