Gestational Surrogacy in Michigan

Michigan Surrogacy Laws

In March 2024, Michigan’s legislature passed The Assisted Reproduction and Surrogacy Parentage Act, which permits Gestational Surrogacy and recognizes the Intended Parent as the resulting child’s sole legal parents. The Act also requires the State Registrar to issue an amended birth certificate consistent with a parentage judgment order. The Act does not go into effect until 90 days after the current legislative session ends, likely March 2025. Until then, surrogacy contracts remain illegal and unenforceable in Michigan.

Please note that this page is under construction considering this new development.

Until the new statute takes effect, the old statute is in effect. Under that law, surrogacy is forbidden and surrogacy contracts are void and criminal in Michigan. Once the new statute takes effect, the following will be the law throughout Michigan:

Become a surrogate Become a parent

Pre-birth Parentage Orders

Do courts grant pre-birth parentage orders? Currently no. Once the new law takes effect: Yes, a parentage judgment can be issued before or after the birth of the child. As in many other states, the pre-birth order will not become effective until the moment of birth. The parentage petition must be accompanied with certifications from the attorneys of the surrogacy agreement, attesting its compliance with the statute’s requirements.

Once the new statute takes effect, can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using egg donor or sperm donor: Yes
  • Single parent using own egg/sperm: Yes
  • Same-sex couple using egg donor or sperm donor: Yes

Once the new statute takes effect, can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Married same-sex couple: Yes
  • Unmarried same-sex couple: Yes
  • Single parent: Yes

What are the bases for venue? County in which the “child resides, is born, or will be born,” county in which a parent or intended parent resides, or county in which a proceeding has been commenced for administration of the estate of an individual who is or may be a parent. Further, Michigan law controls if the assisted reproduction is performed in Michigan.

Do results vary by county? No

Is a hearing required to obtain a pre-birth order? No

Is a pre-birth order possible in Michigan based on a Gestational Carrier’s plan to deliver in Michigan, if no party lives in Michigan? Yes

Will Michigan Vital Records honor a pre-birth order from another state? Hopefully yes, under the Full Faith & Credit Clause of the US Constitution. Time will tell once the new statute takes effect.

What is the typical time frame to obtain a birth certificate after delivery? Unknown at this time. A better approximation will be available in 2025, once the statute takes effect.

Same Sex Couple

How are same-sex parents named on the final birth certificate? Unknown at this time, but they will be listed as the parents.

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Uncertain, but there is no provision of the Michigan statute limiting its coverage to domestic intended parents.

Can they subsequently (or initially) obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Uncertain until the law takes effect.

Can the non-biological parent obtain a second-parent adoption based solely on the fact that the child was born in Michigan (i.e., neither of the Intended Parents lives in Michigan)? Uncertain until the law takes effect.

If no, will Michigan Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Hopefully, but uncertain until the law takes effect and it is requested.

Second Parent & Stepparent Adoptions for Michigan Residents

Note: This situation typically arises if the child is born outside of the state. The parents then return to Michigan for a stepparent adoption in Michigan. Second-parent adoptions are not available to unmarried couples.

Will courts in Michigan grant stepparent adoptions to heterosexual couples living in Michigan? Yes

Does the couple need to be married? Yes

Will courts in Michigan grant stepparent adoptions to same-sex couples living in Michigan? Yes

Egg and Sperm Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, The Assisted Reproduction and Surrogacy Parentage Act provides that a donor is not a parent of a child conceived by assisted reproduction, either by surrogacy or otherwise.

Traditional Surrogacy in Michigan

The Assisted Reproduction and Surrogacy Parentage Act includes traditional surrogacy, referring to the surrogate as a “genetic surrogate.”

State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.

CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.

Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.

The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.

CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.

View the Map!