Surrogacy Lawyer in Michigan
For many families, surrogacy represents the clearest path to parenthood. The emotional investment is profound, and so is the legal complexity that comes with it. Michigan’s surrogacy landscape changed significantly when the Assisted Reproduction and Surrogacy Parentage Act took effect on April 1, 2025, making compensated gestational surrogacy legal and enforceable in Michigan for the first time. For intended parents moving forward under this new framework, having an attorney who understands both the law and the stakes is essential.
Attorney Melissa Torto, of the Law Office of Melissa L. Torto, LLC, advises intended parents nationwide through every step of the surrogacy process, from drafting and negotiating gestational carrier agreements to securing parentage rights and addressing insurance questions. Her practice welcomes families of all backgrounds, including same-sex couples, and approaches every case with both precision and care.
What Michigan’s New Surrogacy Law Means for Intended Parents
Under the Assisted Reproduction and Surrogacy Parentage Act, intended parents in Michigan can now be recognized as the legal parents of a child born through surrogacy, with their names placed on the birth certificate without requiring a post-birth adoption process. Both gestational and traditional surrogacy are addressed under the Act, though most surrogacy professionals recommend gestational surrogacy given the clearer separation between the surrogate’s role and biological parentage.
The Act requires that all parties to a surrogacy agreement have independent legal representation by an attorney licensed in Michigan throughout the negotiation, execution, and duration of the agreement. This requirement makes early legal involvement not just advisable but mandatory.
Building a Strong Surrogacy Agreement in Michigan
A well-structured surrogacy agreement addresses far more than the basics. Every contract should account for the following before any medical steps begin:
- Compliance with Michigan’s statutory requirements for enforceable agreements
- Provisions for compensating the surrogate’s expenses within legal parameters
- Use of donated eggs, sperm, or embryos and donor parentage disclaimers
- Pre-birth parentage order filings and timing relative to delivery
- Medical decision-making authority during the pregnancy
- Lifestyle expectations and prenatal care requirements
- Contingency provisions for complications, multiples, or changes in circumstances
- Confidentiality protections for all parties
- Insurance coverage responsibilities and gap identification
Surrogacy Insurance Considerations in Michigan
Insurance coverage for surrogate pregnancies requires careful review, regardless of the state. Not all health plans cover gestational carrier pregnancies, and exclusions can create unexpected financial exposure. While Attorney Torto is not an insurance specialist and cannot give insurance advice, Attorney Torto can assist intended parents in reviewing existing policies and identifying potential gaps. Attorney Torto can also provide referrals to third-party insurance professionals with specific surrogacy experience to help evaluate supplemental coverage options and coordinate newborn benefits.
Legal Steps After the Birth
Even with a pre-birth parentage order in place, there are post-delivery steps that finalize the legal picture. These may include confirming the birth certificate reflects the intended parents, addressing any interstate or international implications if the birth occurred outside Michigan, and updating estate plans and beneficiary designations through an estate planning attorney. Note that the Law Office of Melissa L. Torto does not handle estate planning matters, and intended parents should engage separate counsel for that step.
Contact Our Michigan Surrogacy Lawyer
Michigan’s surrogacy law has opened meaningful new possibilities for families across the state and beyond. Call the Law Office of Melissa L. Torto, LLC at (617) 812-9974 or contact us online to schedule an online consultation and get honest, experienced guidance on protecting your parental rights from the very beginning of the journey.