Michigan Legalizes Compensated Surrogacy – A New Era for Growing Families in Michigan

Apr 2

6 min read

Michigan Legalizes Compensated Surrogacy – A New Era for Growing Families in Michigan

From Prohibition to Progress: Surrogacy in Michigan Then and Now

For decades, Michigan stood alone with one of the nation’s harshest surrogacy bans. Under the 1988 Surrogate Parenting Act, any paid surrogacy contract was not only void but criminal. Intended parents, surrogates, doctors, and even facilitators could face fines or jail time for entering a compensated surrogacy agreement. This strict ban made Michigan the only state in the U.S. to criminalize surrogacy contracts, creating a climate of fear and uncertainty for families who needed the help of a gestational carrier.

Everyone involved — from intended parents (IPs) to gestational carriers (GCs), agencies, and medical professionals — faced legal risk under the old law.

A New Era Begins: The Michigan Family Protection Act

As of April 1, 2025, all of that has changed. On this date, Michigan’s new Michigan Family Protection Act (a package of House Bills 5207–5215) officially takes effect, legalizing compensated surrogacy and ushering in a new era of clarity and support for family building. This long-awaited reform means surrogacy agreements are now recognized and enforceable in Michigan — a monumental shift from the previous total ban.

Surrogates can now be paid fairly for their time and commitment, without fear of legal repercussions, and intended parents can pursue parenthood through surrogacy safely and ethically within the state.

A celebratory signing ceremony for the Michigan Family Protection Act in 2024 set the stage for legalized and regulated surrogacy in Michigan. Governor Whitmer’s approval of this bill package made Michigan the last state in the nation to permit compensated surrogacy, effective April 2025.

What Is the Michigan Family Protection Act?

The Michigan Family Protection Act is a bundle of nine bills (House Bills 5207 through 5215) designed to modernize Michigan’s family laws and remove the old surrogacy ban. Signed into law in April 2024, this act repeals the 1988 ban on surrogacy and replaces it with the Assisted Reproduction and Surrogacy Parentage Act, creating a legal framework to regulate surrogacy agreements and protect everyone involved.

In short, Michigan has gone from outlawing surrogacy to embracing it with a thoughtful set of rules. Key goals of the law include:

1. Legalizing and Regulating Surrogacy

Surrogacy contracts are now legal and enforceable in Michigan, ending the era of uncertainty. Intended parents and surrogates can enter agreements with confidence that the law will uphold their arrangements. This allows Michiganders to have children through surrogacy in an environment that protects the children, the parents, and the surrogates.

2. Ensuring Fair Compensation and Support for Surrogates

The new law explicitly permits compensation for gestational carriers, acknowledging the time, risk, and dedication involved. Surrogates are guaranteed the right to be fairly compensated and to have their own independent legal representation throughout the process.

In fact, intended parents must pay for the surrogate’s separate attorney, ensuring she has an advocate focused on her interests. Surrogates also undergo medical and psychological screening before an agreement, aligning with best practices to make sure they are fully prepared and supported.

Importantly, the surrogate retains autonomy over her healthcare decisions during pregnancy. She chooses her own doctors and can make all health and welfare decisions (such as whether to consent to a C-section or other procedures) while carrying the child.

These safeguards mean gestational carriers are protected, respected, and treated as partners in the process, not just participants.

3. Clear Legal Parentage from Birth

Michigan’s act establishes a clear path to legal parentage for intended parents from the moment the child is born. In the past, Michigan families who used surrogacy had to worry about a judge’s post-birth decision or even undergo adoption of their own child — a stressful and costly process.

Now, under the new law, each intended parent is legally recognized as the parent of a child born via surrogacy or assisted reproduction at birth. This applies equally to married or unmarried parents, relieving families who previously had to fight for parental rights. Children born through surrogacy (and other assisted reproductive technologies like IVF) are treated equally under the law from day one.

For example, LGBTQ+ couples no longer need to navigate second-parent adoptions or court uncertainties to have both parents listed on the birth certificate — the law explicitly eliminates outdated requirements and ensures LGBTQ+ families are treated equally in establishing parentage.

4. Protecting All Parties Involved

The Michigan Family Protection Act provides a comprehensive structure that protects the rights and well-being of the surrogate, the intended parents, and the child. It sets requirements (such as all parties being at least 21 and undergoing mental health evaluations) and outlines responsibilities to make sure everyone enters the agreement informed and protected.

By regulating surrogacy, the state can ensure that surrogacy arrangements meet ethical and safety standards. For instance, contracts must address key issues like how medical decisions are handled, what happens if complications arise, and confirmation that everyone is entering the agreement voluntarily. The act’s provisions align with guidance from leading professional bodies: the American Society for Reproductive Medicine (ASRM) has long held that gestational carrier arrangements are ethically justifiable when certain safeguards — like independent legal counsel for the surrogate and fair, reasonable compensation — are in place.

Michigan’s new law checks those boxes, bringing the state in line with modern ethical standards for surrogacy.

Why This Is Great News for Michigan (and Beyond)

This change is more than just a new law – it’s a transformational moment for families in Michigan and across the country who have been hoping for greater access to surrogacy. Michigan was the last state in the nation with a broad ban on paid surrogacy. By lifting that ban, Michigan joins the rest of the U.S. in recognizing that compensated surrogacy can be done safely, ethically, and with respect for all involved.

For Michigan families, it means no longer having to leave the state or engage in risky workarounds to pursue surrogacy. Intended parents in Michigan can now work with gestational carriers openly and legally, with the peace of mind that their parental rights are secure from the moment of birth.

Prospective parents who once felt locked out of surrogacy due to legal barriers can now consider this path to parenthood without fear. This is especially impactful for those dealing with infertility, medical conditions preventing pregnancy, or LGBTQ+ couples who need a gestational carrier to have a biological child. As one of the bill’s sponsors noted, “today is a new day” for those who previously “wanted to turn to surrogacy but couldn’t execute a contract” in Michigan.

The playing field has truly been leveled to give everyone the opportunity to build their family.

For Michigan surrogates, the legalization of compensated surrogacy is an empowering development. Women in Michigan who feel called to be gestational carriers can now do so without breaking the law and can be openly and fairly compensated for the incredible gift they provide.

They will have the backing of legal agreements that honor their health, autonomy, and financial rights. Surrogates no longer have to hide in the shadows; instead, they’re recognized as crucial partners in helping create families, deserving of respect and protection.

The law’s requirement for independent legal counsel and medical screening for surrogates ensures that those who step up to carry a baby for someone else are properly informed, protected, and supported every step of the way.

This professional and compassionate approach helps make sure that surrogacy in Michigan is conducted in a safe and ethical manner, with surrogates’ well-being at the forefront.

Moving Forward: Support and Next Steps

The legalization of compensated surrogacy in Michigan is cause for celebration — but it’s also just the beginning. With the law in effect as of April 2025, Michigan is gearing up for an increase in surrogacy journeys. Families-to-be should take comfort in the new legal protections, but also recognize the importance of working with experienced professionals as they navigate this process.

Gestational carriers considering helping a family can feel confident that Michigan law now has their back. It’s recommended that anyone pursuing surrogacy in Michigan engages knowledgeable agencies and attorneys who are familiar with the new law to ensure that every requirement is met and every right protected.

The Michigan Family Protection Act has built the legal framework; now it’s up to our community — agencies, lawyers, doctors, and advocates — to put it into practice with care and integrity.

Want to Learn More?

At Stork Connections, we’re thrilled about this new chapter for Michigan families and surrogates. We are already accepting Michigan-based gestational carriers now, and we work with top reproductive attorneys — including some who helped shape this legislation — to make sure you’re supported every step of the way.

Whether you’re an intended parent dreaming of a child or a potential surrogate wanting to help a family, we’re here to guide you through this exciting, newly opened door. Your path to parenthood just got brighter in Michigan, and we at Stork Connections are ready to walk it with you.