Surrogacy Laws in Michigan
Commercial surrogacy (both gestational and traditional) is expressly forbidden in Michigan by law. Surrogacy in which the surrogate receives nothing in the way of personal financial compensation is legal, though surrogacy agreements are considered void and unenforceable and there are no protections with respect to parentage and general rights. Those who violate the Surrogacy Parenting Act are subject to a felony charge including up to $50,000 in fines and up to five years in prison. Because of these restrictions and the risk of a felony, Michigan is considered a “do not proceed” state when it comes to surrogacy. There are very few surrogacy journeys in the state, the vast majority are on behalf of direct family members.
If you are a resident of Michigan exploring the idea of being a surrogate for an altruistic journey, you are to be commended as someone who is committed to a truly selfless act of love. Because of the heavy regulations forbidden nearly all forms of surrogacy, however, interested surrogates in the state will not be able to register for a profile or use Surrogacy Place. Intended Parents will not be able to find Michigan surrogates to match with, though it’s in your best interest to explore surrogacy outside of the state regardless.
If you are interested in altruistic (compensation-less) surrogacy in Michigan, contact an Assisted Reproduction attorney who can best inform you about all of the pitfalls you will encounter when pursuing a journey in a surrogacy-unfriendly state. We have a list of attorneys you can use to start your surrogacy conversations.
That’s a lot of regulations limiting surrogacy in Michigan. Does surrogacy exist in Michigan?
Yes, but it’s very rare unless you as a surrogate are willing to do a journey while receiving no compensation for your efforts, or you as an Intended Parent can somehow find a surrogate willing to do the ultimate favor for you. It’s not likely you’ll be able to do a journey in the state.
Who can be Intended Parents in the state?
In theory anyone can be an intended Parent in Michigan, though finding a surrogate willing to help you start or grow your family while receiving nothing for her time and risk to her health is unlikely. Pre-birth orders are available if it’s a compensation-less arrangement as our post-birth adoptions when married.
Reproductive healthcare in Michigan
Abortion in Michigan is legal and codified into law thanks to a state constitutional amendment passed in 2022. Residents of Michigan are guaranteed the right to an abortion in any circumstance and can pursue pregnancy knowing they can find care locally should unexpected complications arise.
That’s incredible, truly, but you may or may not be qualified. Not everyone who wants to be a surrogate is medical or otherwise qualified. If you’re a first-time surrogate, here’s a quiz to help you decide if you might be.
Some of the many general guidelines:
- Altruistic surrogates (no compensation provided) must be between 21 and 42 years old.
- Altruistic surrogates (no compensation provided) must have given birth to at least one child of their own.
- Altruistic surrogates (no compensation provided) should not have had significant prior pregnancy complications.
- Altruistic surrogates (no compensation provided) should not use drugs that are not specifically prescribed to them or drink alcohol during pregnancy.
- Altruistic surrogates (no compensation provided) must be overall excellent health.
If you meet all the qualifications you will then go through a medical evaluation to get a clear picture of your current health.
If you’re interested in becoming an altruistic surrogate in Michigan, here’s some general guidelines, though please note these do not take Michigan’s surrogacy restrictions into consideration. You must speak to an attorney locally for guidance.
Independent surrogacy journeys in the state of Michigan
Surrogacy agencies can’t accept surrogates from Michigan due to the local laws. If you do happen to meet all the requirements and want to pursue altruistic surrogacy, independent surrogacy is technically possible. Surrogacy Place does not, however, allow Michigan residents to sign up as surrogates on our site. Intended Parents from Michigan should speak with a trusted attorney on how to proceed including the potential to match with surrogates in other states.
If you want to be a surrogate in Michigan, you will do so without an agency. Here’s some info on independent surrogacy to help you get started.
If you’re fairly new to the world of surrogacy, here’s some of the expected costs Intended Parents can anticipate paying during their surrogacy journey. This list applies to states where commercial surrogacy is permitted.