Surrogacy Laws & Process in Michigan
Understanding the Surrogacy Process in Michigan
Michigan now permits both gestational and genetic surrogacy under the Assisted Reproduction and Surrogacy Parentage Act, which takes effect in April 2025. This law marks a significant shift, ending decades of criminal and civil prohibitions on paid surrogacy agreements.
The statute recognizes the intended parents as the sole legal parents of a child born through a compliant surrogacy agreement. It also directs the State Registrar to issue a birth record consistent with the court’s judgment.
The law covers married and unmarried couples, same-sex couples, and single intended parents, with or without donor gametes or embryos. Surrogacy agreements must meet statutory requirements, including separate counsel for all parties, a medical evaluation, and mental health consultation for everyone involved.
These agreements must be executed before conception. This legal framework aligns hospital practices and vital records with the intended parentage of the child. It makes Michigan one of the surrogacy-friendly jurisdictions in the United States.
Pre-Birth Parentage Orders in Michigan: Legal Recognition Before Birth
Under the Assisted Reproduction and Surrogacy Parentage Act, courts in Michigan may issue a parentage judgment before or after the birth of the child. If a judgment is issued pre-birth, it becomes effective at the moment of birth.
Petitions for pre-birth parentage orders must include attorney certifications confirming the surrogacy agreement complies with statutory requirements. This streamlines the issuance of the parentage judgment and facilitates smoother hospital and vital records procedures.
Venue may be based on the county where the child resides, is born, or will be born, or the county of an intended parent’s residence or a related estate proceeding. Michigan law applies if assisted reproduction occurs in the state.
Married heterosexual couples
These couples are eligible for pre-birth parentage recognition when using either their own or donor gametes, as long as statutory criteria and filings are met.
Unmarried heterosexual couples
These couples are covered by the law without the need for marriage. The agreement and certifications must comply with the Act to qualify for pre-birth recognition.
Married same-sex couples
Married same-sex couples are recognized as intended parents pre-birth statewide. This is in line with Michigan's laws on donor non-parentage, where donors are not considered parents under the statute.
Unmarried same-sex couples
These couples are eligible for pre-birth parentage judgments based on their intent to parent and compliance with statutory requirements. This applies regardless of whether there is a genetic link.
Single intended parents
Single parents may obtain pre-birth or post-birth judgments when using either their own or donor gametes or embryos under the same framework available to couples.
No genetic link for either parent
The Act allows for legal parentage to be granted to both intended parents, even if neither is genetically linked to the child. This is possible because the law states that donors are not considered parents and that intent governs legal parentage.
Legal Procedures and Timeframes
Kansas typically processes pre-birth parentage orders through a legal hearing. However, the intended parents do not always need to attend the hearing, though their legal representation must be present. Pre-birth orders are possible even if neither the intended parents nor the surrogate resides in Kansas, as long as there is a significant connection to the state.
The state’s vital records department will honor a pre-birth order from another state, but the order must be registered as a foreign judgment. This allows Kansas to issue the birth certificate accordingly.
The typical time frame to obtain a birth certificate after delivery is around 2-3 weeks, though expedited processing is sometimes available to shorten this to 7-10 business days.
Explore the Carrying Dreams Surrogacy Heatmap
See Michigan’s new status among green-light jurisdictions and compare timelines, filings, and safeguards with neighboring states on our interactive heatmap.
If you have any inquiries about the surrogacy laws & process in Michigan, feel free to contact us today.
