Key Provisions of the Michigan Family Protection Act

Legal Requirements for Surrogacy

• Surrogacy arrangements must be established through assisted reproductive technology (ART); pregnancies resulting from sexual intercourse are not eligible.
• The surrogate (gestational carrier) and the donor are both excluded as legal parents under the act.

Surrogate Rights and Requirements

To become a gestational carrier (GC) in Michigan, the following criteria must be met: The surrogate must be at least 21 years old and undergo a consultation and evaluation by a licensed mental health professional, as well as a full medical assessment. Independent legal representation, licensed in Michigan, is required throughout the duration of the Gestational Carrier Agreement (GCA) and the surrogacy journey, with Intended Parents (IPs) covering this cost. Additionally, surrogates must have given birth to at least one child prior to entering a GCA. If the surrogate is married at the time of signing the GCA, their spouse must be a party to the agreement. Changes in marital status do not affect the validity of the contract: if the surrogate marries after signing the GCA, the marriage does not require the new spouse’s consent, and the new spouse is presumed not to be a parent of the child. Similarly, if the surrogate legally separates or divorces after signing the GCA, the contract remains valid.

Intended Parents Rights and Requirements

To become an Intended Parent in Michigan, individuals must meet specific requirements. They must be at least 21 years old and undergo a consultation and evaluation by a licensed mental health professional. Independent legal representation, licensed in Michigan, is required throughout the duration of the Gestational Carrier Agreement (GCA) and the surrogacy journey. If married at the time of signing the GCA, the spouse must also be a party to the agreement. Changes in marital status do not affect the validity of the contract; if an Intended Parent marries after signing, the new spouse is presumed not to be a parent of the child unless legal steps, such as an addendum to the GCA or an affidavit of parentage, are taken. In cases of separation or divorce after signing, both Intended Parents remain deemed legal parents under the agreement.

Gestational Carrier Agreement (GCA) Requirements

A Gestational Carrier Agreement (GCA) in Michigan must meet several requirements to be valid. At least one party must be a Michigan resident, the birth must be anticipated in Michigan, or the assisted reproductive technology (ART) procedures must occur in the state. The agreement must be notarized, with electronic notarization permitted, and it must be finalized before any medical procedures related to the surrogacy process, excluding evaluations, are performed—mock cycles are not allowed prior to signing. The surrogate retains full authority over all health and welfare decisions throughout the pregnancy, delivery, and any potential termination and has the right to select their healthcare provider. Any provision in the agreement that contradicts this authority is considered void and unenforceable. The GCA can be terminated by any party before the embryo transfer takes place. If the agreement substantially complies with legal requirements, it is enforceable; however, if it fails to meet material requirements, the court will determine parentage based on the intent of the parties and the best interests of the child.

Parentage Under the Michigan Family Protection Act

Under the Michigan Family Protection Act, Intended Parents are recognized as the legal parents of the child if the Gestational Carrier Agreement (GCA) complies with Michigan law. Parentage can be established either pre-birth or post-birth. Pre-birth judgments take effect upon the child’s birth, with no hearing required unless parentage is contested, and a birth certificate will be issued in accordance with the parentage order. 

Becoming a Surrogate in Michigan

ConceiveAbilities is thrilled to be able to welcome Michigan women into our surrogate sisterhood. We are now accepting surrogate applications from women in Michigan. If you are interested in taking the next step to help build families, start today.

The Michigan Family Protection Act represents a monumental step forward in legalizing and regulating surrogacy in Michigan. By incorporating best practices and ensuring comprehensive protections for all parties involved, the law paves the way for safe, ethical, and supportive surrogacy journeys. With its anticipated April 1, 2025, effective date, Michigan is set to become a welcoming state for surrogacy arrangements. Watch intended parents Randy Rowe and Kyle Keigan discuss with Michigan WILX News 10 what this means for hopeful parents like them in Michigan.