Surrogacy in Michigan

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Surrogacy in Michigan

On April 1, 2025, The Assisted Reproduction and Surrogacy Parentage Act took effect. This statute permits Gestational Surrogacy and Genetic Surrogacy in Michigan and recognizes the Intended Parents as the resulting child’s sole legal parents. The Act also requires the State Registrar to issue a birth certificate consistent with the Parentage Judgment.

Become a Surrogate Become a Parent

Pre-Birth Parentage Orders

Yes, under the new statute, a parentage judgment can be issued before or after the birth of the child. As in many other states, the pre-birth order will not become effective until the moment of birth. The attorneys must be licensed to practice law in Michigan. The parentage petition must be accompanied by certifications from the attorneys of the surrogacy agreement, attesting its compliance with the statute’s requirements.

Venue is proper in the county in which the “child resides, is born, or will be born”, county in which a parent or intended parent resides, or county in which a proceeding has been commenced for administration of the estate of an individual who is or may be a parent. Further, Michigan law controls if the assisted reproduction is performed in Michigan.

Yes.

No. On February 20, 2026, a Vital Records memorandum stated that the Order must be issued by a Michigan Circuit Court.

Unknown at this time. A better approximation will be available once the statute has been in effect for a while to see how long local vital records offices take.

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

Married heterosexual couple using own egg and own sperm:

Married heterosexual couple using egg donor and/or sperm donor:

Unmarried heterosexual couple using own egg and own sperm:

Unmarried heterosexual couple using egg donor and/or sperm donor:

Single parent using own egg/sperm:

Same-sex couple using egg donor and/or sperm donor:

Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

Married heterosexual couple:

Unmarried heterosexual couple:

Married same-sex couple:

Unmarried same-sex couple:

Single parent:

Same-Sex Couples

They will be named as parents, but unknown if they will be named as parent/parent or father/father until babies are born under the new statute.

Uncertain, but there is nothing in the statute preventing international parents from doing surrogacy in Michigan. There is a question as to whether or not a Surrogate who is not a “parent” under the contract is eligible to be listed as a “parent” on the birth certificate.

Uncertain.

Uncertain.

Yes.

Second Parent & Stepparent Adoptions for Michigan Residents

Yes.

Note: This situation typically arises if the child is born outside of the state. The parents then return to Michigan for a stepparent adoption in Michigan. Second-parent adoptions are not available to unmarried couples.

Yes.

Yes.

Egg & Sperm Donation

Yes, The Assisted Reproduction and Surrogacy Parentage Act provides that a donor is not a parent of a child conceived by assisted reproduction, either by surrogacy or otherwise.

Genetic Surrogacy in Michigan

The Assisted Reproduction and Surrogacy Parentage Act includes genetic surrogacy, referring to the surrogate as a “genetic surrogate.”

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State law information provided by the following attorneys practicing Reproductive Law in this state:

Beverly J. Cox

Toledo, OH
bcox@bevcoxlaw.com
(419) 242-1400

Ellen Essig

The Family Law & Fertility Law Group
Michigan
ellenessig@familyandfertilitylaw.com
513-455-4700

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Kristina Jimenez01/01/2022

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”).

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Surrogacy in Michigan