Understanding the Michigan Surrogacy Law Change: What It Means for You as a Surrogate

Mar 10

3 min read

Pregnant person sitting on bed, hand on belly, wearing a brown cardigan and gray leggings. Blue sheets and patterned pillow in background. Calm mood.

Surrogacy has always been a legal option for building families in Michigan, but until recently, compensated surrogacy was prohibited. However, with the passing of the Michigan Family Protection Act, significant changes are coming that will impact surrogates and intended parents across the state.

The History of Surrogacy Law in Michigan

Since 1988, Michigan law has prohibited compensated surrogacy, meaning surrogates could not legally receive payment beyond medical and other pregnancy-related expenses. This prohibition was rooted in concerns about the ethical implications of "selling" reproductive services and the potential for exploitation. Despite the ban, surrogacy arrangements have continued, but without the benefit of compensation, limiting the availability of surrogates.

The Michigan Family Protection Act

In April 2024, the Michigan Legislature passed the Michigan Family Protection Act (House Bills 5207-5215), which repeals the longstanding ban on compensated surrogacy. This groundbreaking legislation marks a significant shift in Michigan's approach to surrogacy, providing new opportunities and protections for both surrogates and intended parents.

The key provisions of the Michigan Family Protection Act include:

Legalization of Compensated Surrogacy: Surrogates in Michigan can now be legally compensated for their services, aligning the state with many others where compensated surrogacy is already legal.
Pathway for Legal Parentage: The Act establishes clear guidelines for the legal parentage of children born via surrogacy, ensuring that intended parents' rights are recognized and protected from the moment of birth.

When Will the New Law Take Effect?

While the Michigan Family Protection Act has been passed, it cannot go into effect immediately. According to Michigan's legislative process, since the Act did not pass with more than a two-thirds majority, it must wait 90 days after the end of the legislative session to become law. Historically, the legislative session in Michigan ends in mid-November. Therefore, the new surrogacy law is expected to go into effect sometime around March 2025.

What Does This Mean for Surrogates and Intended Parents?

For surrogates, the legalization of compensated surrogacy means they can now receive fair compensation for the incredible service they provide. This change is expected to increase the number of women willing to become surrogates, thereby expanding the options available to intended parents.

For intended parents, the new law provides a more secure and legally recognized path to parenthood through surrogacy. The clear guidelines on legal parentage will help prevent disputes and ensure that intended parents can promptly secure their parental rights.

Navigating the New Legal Landscape

With these changes on the horizon, it's crucial for both surrogates and intended parents to understand the new legal framework and how it impacts their surrogacy journey. Working with a knowledgeable surrogacy agency and legal professionals who are well-versed in the new law will be essential in navigating this new landscape effectively.

At Stork Connections, we are committed to providing up-to-date information and support to our clients. Our team of experienced professionals is here to guide you through every step of the surrogacy process, ensuring that you are well-informed and prepared for the changes ahead.

For more detailed information, you can refer to the comprehensive article on the Michigan Family Protection Act.