Surrogacy in Michigan

Welcome to our comprehensive guide on surrogacy laws in Michigan. If you’re considering surrogacy in Michigan, it’s crucial to understand the legal landscape surrounding this life-changing process.

Gestational Surrogacy is Changing in Michigan

As of March 19, 2024, Michigan is one step away from making surrogacy legal. The Michigan senate passed the Fertility Health Care Act (House Bill 5207) a nine-bill package that protects the rights of all people in Michigan to build a family through assisted reproduction, including surrogacy. Part 3 of House Bill 5207 focuses on surrogacy. Not only does it repeal the Surrogate Parenting Act, 1988 PA 199, 12 MCL 722.851 to 722.863, that makes surrogacy illegal, it generates a comprehensive framework for surrogacy in Michigan including outlining requirements for surrogates and intended parents, specifying conditions for agreements, and detailing legal procedures and remedies. If Governor Gretchen Whitmer signs the bill, paid surrogacy in Michigan will be legal.

Hear from our founder and others, Nazca Fontes, about this important development: Michigan Steps into The Future By Passing Bill to Legalize Surrogacy

Starting in November 2024, ConceiveAbilities will accept surrogacy applications from women who live and work in Michigan with an expectation that the new law will be effective early April 2025. Meanwhile, current laws prevail. This means that not only is surrogacy prohibited pursuant to the Michigan Surrogate Parenting Act (MCL Section 722.851; Mich. Comp. Laws Ann. § 722.853), surrogacy contracts for compensation are subject to criminal penalties. As such, ConceiveAbilities does not accept surrogates from Michigan and most compensated Gestational Carrier Agreements will provide a restriction on a gestational surrogate’s travel to Michigan during the pendency of a surrogacy pregnancy. Compassionate or altruistic surrogacy is permitted so long as it complies with the laws requirements.

The Michigan Surrogate Parenting Act makes compensated surrogacy illegal. According to Michigan’s Surrogate Parenting Act (MCL Section 722.851), all surrogacy contracts, agreements, or arrangements “void and unenforceable as contrary to public policy.” Moreover, surrogacy contracts involving compensation are susceptible to criminal penalties.

According to MCL Section 722.859, taking part in a compensated surrogacy contract can result in a misdemeanor or felony charge for participating parties in Michigan, punishable by up to one year in jail and a $10,000 fine. Organizing or assisting such an illegal contract is a felony punishable by up to five years in prison and a $50,000 fine.

1. A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.
2. A participating party other than an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability who knowingly enters into a surrogate parentage contract for compensation is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or both.
3. A person other than a participating party who induces, arranges, procures, or otherwise assists in the formation of a surrogate parentage contract for compensation – is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

For personalized legal advice and assistance, consult with a reputable reproductive law attorney in Michigan.