Michigan has undergone a remarkable shift in surrogacy law. For nearly four decades, Michigan was one of the only states in the country to criminalize compensated surrogacy contracts, with violations carrying felony-level penalties. That changed when the Michigan Family Protection Act was signed into law in April 2024 and took effect on April 2, 2025. As a result, Michigan now has one of the more comprehensive statutory frameworks for surrogacy in the country.
That is genuinely good news for intended parents. However, legalization does not mean the process is simple. Michigan’s new law is built on precise requirements, and every protection it offers depends on meeting those requirements fully. Thinking of surrogacy as a matter of signing a contract and waiting for a baby to arrive is a serious misunderstanding of what the law demands.
The Agreement Must Come Before Conception
Under the Assisted Reproduction and Surrogacy Parentage Act (MCL 722.1701 et seq.), the Gestational Carrier Agreement must be signed by all parties before any embryo transfer takes place. This is not a formality. A properly executed agreement is what triggers the legal protections the statute provides, including the path to a pre-birth parentage order. An agreement that is signed late, drafted incorrectly, or missing required terms is not simply a technicality to be corrected later. It can jeopardize the intended parents’ legal status entirely.
Independent Legal Representation Is Required for Both Parties
Michigan law requires that both the surrogate and the intended parents have independent legal representation, licensed in Michigan, throughout the negotiation, execution, and duration of the agreement. The intended parents are responsible for covering the cost of the surrogate’s attorney. This requirement exists to protect everyone in the arrangement, and a contract executed without it does not comply with the statute.
Eligibility Requirements Are Specific
Not everyone can serve as a gestational carrier under Michigan law. The surrogate must be at least 21 years old, have previously given birth to at least one child, and have completed both a medical assessment and a consultation with a licensed mental health professional. Intended parents must also be at least 21 years old and complete a mental health consultation. If the surrogate is married at the time the agreement is signed, her spouse must be a party to the agreement.
Pre-Birth Parentage Orders Still Require Action
One of the most significant provisions of the new law is that when the Gestational Carrier Agreement fully complies with the statute, each intended parent is recognized as a parent by operation of law at birth. However, a court order formally establishing parentage is still required. As such, intended parents, through their legal counsel, will need to petition a court to enter pre-birth parentage orders under MCL 722.1908. These orders allow the intended parents to be named on the birth certificate from the start.
(Please note that the Law Office of Melissa L. Torto assists with the Gestational Carrier Agreement and parentage order process but does not assist with estate planning. Intended parents should engage an estate planning attorney separately to update beneficiary designations and related documents once the child arrives.)
At Least One Michigan Connection Is Required
For Michigan’s surrogacy law to apply, at least one of the following must be true: at least one party to the agreement is a Michigan resident, the birth is anticipated to occur in Michigan, or the assisted reproduction procedures will take place in Michigan. Intended parents who live outside Michigan but plan to work with a Michigan-based surrogate should confirm early that the arrangement satisfies this requirement.
Speak With a Surrogacy Attorney Before You Begin
Michigan’s new framework is a significant step forward, but the protections it provides are not automatic. They depend on compliance at every stage, beginning with a properly executed agreement before the medical process starts. Call the Law Office of Melissa L. Torto, LLC at 617-812-9974 to schedule an online consultation and start the process on solid legal ground.