Until 2005, Michigan stood alone as the only U.S. state with both civil and criminal bans on reproductive surrogacy. Any surrogacy agreement was declared void and unenforceable. Moreover, those who entered into, facilitated or even attempted compensated surrogacy could face criminal penalties. The result was that many would-be parents were required to legally adopt their own children after birth, even if they had no genetic connection to the surrogate. This has changed dramatically with the implementation of a landmark law.
The Assisted Reproduction and Surrogacy Parentage Act, which took effect in 2005, brings Michigan law in line with the majority of other states and provides clarity, security and recognition for families created through surrogacy and assisted reproduction. The law lays out clear rules and protections for all parties involved, such as intended parents, surrogates and children. Here are the main elements:
- Legalization and regulation of surrogacy agreements — Gestational surrogacy (where the surrogate is not genetically related to the child) is now legal in Michigan. Both compensated and uncompensated agreements are recognized, provided they comply with state law requirements.
- Requirements for surrogacy agreements — Agreements must be in writing and pre-approved by the court before medical procedures begin. All parties must receive independent legal counsel. All parties must meet age, health and psychological screening requirements.
- Establishing parentage at birth — Intended parents are recognized as the legal parents from the moment of birth and their names are placed on birth certificates. There is no requirement for post-birth adoption or further action if the surrogacy agreement and procedures were followed.
- Protection for children — The child is guaranteed legal recognition of identity and parentage. The law provides for certainty in inheritance, custody and support.
- Protections for surrogates — Surrogates retain the right to their own healthcare decisions during pregnancy. The law prevents coerced relinquishment of the child or forced continuation of pregnancy under contract. There are also compensation and expense guidelines to prevent exploitative arrangements.
These changes represent a legal milestone. Intended parents no longer have to navigate adoption proceedings for their own children. All parties benefit from built-in protections and guidance at every stage, increasing confidence and transparency. For LGBTQ+ families, single parents and those facing infertility, the new framework levels the playing field, affirming the legitimacy of their family structures. Surrogates are afforded legal recognition, safeguards and clarity on their rights and responsibilities.
The Assisted Reproduction and Surrogacy Parentage Act empowers families to pursue parenthood without fear of legal complications or the threat of criminal charges. Still, assistance of counsel from a family law attorney is advisable to ensure compliance with the law and adherence to proper procedures.
Dawson Family Law, PLLC in Troy, Michigan assists clients in the Oakland County area with a full range of family law concerns. Please call (586) 514-0084 or contact me online to schedule a free initial consultation.