Michigan’s Assisted Reproduction and Surrogacy Parentage Act: A New Era for Families

As of March 1, 2025, Michigan has officially embraced a modernized approach to surrogacy and assisted reproduction. The Assisted Reproduction and Surrogacy Parentage Act (also known as the Family Protection Act) is now in effect, marking a major shift in Michigan’s legal stance on surrogacy. With this new law, the state has repealed its long-standing criminal and civil bans on surrogacy agreements and implemented clear legal protections for surrogates, intended parents, and children born through assisted reproductive technologies.

The End of Michigan’s Surrogacy Ban

Before this legislative change, Michigan was the last remaining state in the country with a broad criminal prohibition on surrogacy arrangements. Enacted in 1988, the ban criminalizing surrogacy was one of the first in the country. In addition, a civil ban made surrogacy agreements void and unenforceable. 

All that changed on April 1, 2024, when the Michigan legislature passed a package of bills (HB 5207-5215) that collectively lifted these bans and established a regulated framework for surrogacy. The law ensures that individuals and couples—especially those facing infertility, LGBTQ+ families, and others relying on assisted reproductive technologies—have access to safe, legal surrogacy to grow their families.

Key Protections Under the Act

The Assisted Reproduction and Surrogacy Parentage Act establishes important requirements to safeguard all parties involved in a surrogacy arrangement. These include:

General Requirements:

✔️ Both the intended parents and the surrogate must be at least 21 years old.
✔️ Both parties must undergo a mental health evaluation before entering an agreement.
✔️ Each party must have independent legal representation throughout the process.

Specific Protections for Surrogates:

🔹 Legal Representation – The intended parents are required to cover the cost of the surrogate’s attorney.
🔹 Medical Decision-Making – The surrogate has the right to choose her own healthcare provider and make all health-related decisions regarding the pregnancy, including whether to undergo a cesarean section or multiple embryo transfer.
🔹 Compensation – The Act permits surrogates to receive compensation as part of the agreement.

What This Means for Michigan Families

The passage of the Family Protection Act in Michigan brings clarity, security, and expanded opportunities for individuals and couples hoping to build their families through surrogacy. By formally recognizing surrogacy agreements and establishing parental rights protections, Michigan is making it easier and safer for surrogates, intended parents, and children.

For families across the state, this marks the beginning of a new era—one where more people have access to the medical and legal support they need to achieve their dreams of parenthood.

If you are considering surrogacy in Michigan, please reach out to Treetown Law. We would be honored to represent you and play this small part in your family’s origin story.

At Treetown Law, we plan for your family like we plan for our own. Contact us today to get started!