Same Sex Couple
How are same-sex parents named on the final birth certificate? Unknown at this time, but they will be listed as the parents.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Uncertain, but there is no provision of the Michigan statute limiting its coverage to domestic intended parents.
Can they subsequently (or initially) obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Uncertain until the law takes effect.
Can the non-biological parent obtain a second-parent adoption based solely on the fact that the child was born in Michigan (i.e., neither of the Intended Parents lives in Michigan)? Uncertain until the law takes effect.
If no, will Michigan Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Hopefully, but uncertain until the law takes effect and it is requested.
Second Parent & Stepparent Adoptions for Michigan Residents
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.
Will courts in Michigan grant stepparent adoptions to heterosexual couples living in Michigan? Yes
Does the couple need to be married? Yes
Will courts in Michigan grant stepparent adoptions to same-sex couples living in Michigan? Yes
Egg and Sperm Donation
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? 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.
Traditional Surrogacy in Michigan
The Assisted Reproduction and Surrogacy Parentage Act includes traditional surrogacy, referring to the surrogate as a “genetic surrogate.”