Michigan once had some of the most restrictive surrogacy laws in the United States. For years, paid surrogacy contracts weren’t just void, they were actually criminalized. But with the passage of the Michigan Family Protection Act, the law has taken a major turn. Surrogacy is now legal, regulated, and protected across the state.
This article breaks down what that means for you. Whether you’re hoping to become a parent through surrogacy or considering becoming a surrogate yourself, you’ll find everything you need to know right here. We’ll cover the legal requirements, how the new law works, how much surrogacy costs in Michigan, and how to get started with a trusted agency.
Michigan’s Surrogacy Law: From Ban to Legalization
Surrogacy Was Illegal Until 2025
For many years, Michigan was considered one of the least surrogacy-friendly states in the country. The law did not just ignore surrogacy agreements, it actively prohibited them. Any contract involving compensated surrogacy was automatically deemed void and unenforceable. More than that, entering into such a contract was classified as a felony. This applied not only to the intended parents but also to the surrogate and any third parties involved, such as attorneys or agencies.
This legal stance had serious consequences. People who tried to build their families through surrogacy faced criminal charges, steep fines, and even possible imprisonment. Even altruistic surrogacy, with no payment involved, remained legally uncertain. As a result, many Michigan residents were forced to travel to other states to pursue surrogacy under safer and more supportive legal frameworks.
Until recently, Michigan was the only state in the United States where paid surrogacy was criminalized in this way.
How the Michigan Family Protection Act Changed Surrogacy Laws
In 2024, lawmakers in Michigan passed a groundbreaking piece of legislation called the Michigan Family Protection Act. This law was designed to bring the state’s policies into alignment with the growing national and international recognition of surrogacy as a valid and ethical path to parenthood. It was signed by the governor and officially went into effect in April 2025.
The new law completely reverses the previous restrictions. It now allows surrogacy contracts to be fully legal and enforceable in Michigan. This includes both gestational and traditional surrogacy, and it applies whether the surrogate is compensated or not.
The legislation also includes detailed protections for all parties. Intended parents can now obtain pre-birth parentage orders, meaning they are recognized as the baby’s legal parents before the child is even born. This avoids the need for post-birth adoption procedures, which were previously the only option for legal recognition.
Additionally, the law outlines clear requirements for legal representation, medical and mental health screening, and consent procedures. These updates ensure that surrogacy arrangements are carried out ethically, transparently, and in the best interest of the child.
This shift is not just legal. It’s also symbolic. It represents a major cultural change in Michigan, recognizing the legitimacy of nontraditional family-building methods and giving more people the opportunity to become parents in a safe, supported way.
What Types of Surrogacy Are Allowed Now
Under the new legal framework, Michigan recognizes and allows two types of surrogacy: gestational and traditional.
Gestational surrogacy is the most common type. In this arrangement, the surrogate carries a child who is not biologically related to her. The embryo is created through in vitro fertilization (IVF), using eggs and sperm from the intended parents or donors. The embryo is then transferred into the surrogate’s uterus. Because the surrogate does not contribute any genetic material, legal parentage is more straightforward, especially with the new law in place.
Traditional surrogacy, while less common, is also legally permitted in Michigan. In this case, the surrogate uses her own egg and is therefore the biological mother of the child. Conception may happen through intrauterine insemination (IUI) or IVF. Traditional surrogacy is more emotionally and legally complex, which is why many intended parents and professionals prefer gestational arrangements. However, the law allows both, as long as all parties follow the legal procedures and provide informed consent.
In either case, surrogacy contracts must meet specific criteria to be valid. All parties must be represented by separate attorneys. The surrogate must be at least 21 years old, have previously carried a pregnancy to term, and undergo medical and psychological evaluations. Informed consent must be documented, and the contract must clearly outline each party’s responsibilities, compensation (if any), and agreement regarding medical decisions during the pregnancy.
What Are the Legal Requirements in Michigan?
Who Can Be a Surrogate?
Under Michigan’s new law, a woman must meet specific legal and medical criteria to become a surrogate. These surrogate requirements are in place to ensure that every surrogacy journey is entered into with full awareness, emotional readiness, and physical safety.
To qualify as a surrogate in Michigan, a woman must:
- Be at least 21 years old
- Have given birth to at least one healthy child in the past
- Pass a thorough medical screening, including blood tests, pelvic exams, and fertility assessments
- Complete a mental health evaluation conducted by a licensed professional to ensure she is emotionally prepared for the process
- Work with an independent attorney who represents her interests and helps her fully understand her rights and obligations
These requirements apply whether the surrogate is compensated or not. Michigan’s law also explicitly protects a surrogate’s right to make her own medical decisions during pregnancy, including the right to choose her healthcare provider. This ensures she is never pressured into procedures or treatments against her will.
What Intended Parents Must Provide
The law also defines responsibilities for intended parents. Before entering a surrogacy agreement, they must:
- Undergo a medical evaluation if using their own genetic material
- Complete a psychological screening to assess their emotional readiness and understanding of the process
- Hire a surrogacy attorney licensed in Michigan to draft or review the contract and protect their legal interests
- Cover the surrogate’s pregnancy-related expenses, including medical costs, legal fees, and agreed-upon compensation if applicable
If a couple or individual is using donated eggs, sperm, or embryos, those donations must meet legal standards and be documented within the contract. All intended parents must sign the agreement voluntarily and be fully informed of their rights and responsibilities.
Role of Lawyers and Pre-Birth Parentage Orders
One of the most significant improvements under the new law is the ability to obtain a pre-birth parentage order. This legal document allows the intended parents to be recognized as the child’s legal parents before the baby is born, removing the need for adoption procedures after birth.
To obtain a valid pre-birth order, the following must be in place:
- A legally binding surrogacy agreement signed by all parties before conception
- Independent legal counsel for both the surrogate and the intended parents
- Proof that all eligibility criteria have been met, including medical and psychological screenings
- Submission of the necessary legal documentation to a Michigan court, usually during the second or third trimester
Once the court grants the pre-birth order, the intended parents’ names will be listed on the child’s birth certificate from the start. This ensures a smooth transition after delivery and offers clarity and security for everyone involved.
Working with attorneys who specialize in surrogacy law is essential. They not only handle the paperwork but also guide both parties through the legal process to avoid misunderstandings and ensure full compliance with Michigan’s legal standards.
How Much Does Surrogacy Cost in Michigan?
Surrogacy is a major emotional and financial investment. Whether you’re considering working with an agency or planning an independent journey, understanding the full range of costs involved is essential. Michigan’s recent legalization of surrogacy doesn’t just open the door to new possibilities, it also brings greater clarity around expenses and what intended parents should expect to budget for.
Average Total Cost (with Breakdown)
In Michigan, the average total cost of the surrogacy journey typically ranges between $100,000 and $150,000, though it can go higher depending on medical needs, agency involvement, and insurance coverage. Here’s a general breakdown of what that amount may include.
- Agency fees: $20,000 to $40,000
- Compensation for the surrogate: $50,000 to $70,000
- Medical expenses and IVF procedures: up to $25,000
- Legal fees: $10,000 to $20,000
- Insurance for the surrogate: $15,000 to $30,000 if a separate policy is required
- Additional expenses: maternity clothing, travel, lost wages, childcare, and other reimbursements
This cost structure assumes a full-service surrogacy journey through a licensed agency and includes both fixed and variable elements. If you choose an independent arrangement without agency support, some costs may be reduced, but legal, medical, and insurance expenses still apply.
It’s also important to budget for unexpected expenses. Complications during pregnancy, additional IVF cycles, or legal changes can lead to higher-than-expected costs. Many intended parents choose to build a small contingency fund into their budget for peace of mind.
Does Insurance Cover Surrogacy in Michigan?
One of the most commonly asked questions is whether health insurance can cover part of the surrogacy process. The short answer is: it depends.
Most health insurance plans in the United States do not cover the full cost of surrogacy, and some specifically exclude maternity care for a surrogate. In Michigan, there is currently no state-level mandate requiring insurance companies to cover surrogacy-related expenses.
However, there are exceptions. In some cases, the surrogate’s existing health insurance may cover pregnancy-related care, even if she is carrying a baby for someone else. In other situations, intended parents may need to purchase a special surrogacy insurance policy designed to cover labor, delivery, and related medical costs. These policies can be expensive, often ranging from $15,000 to $38,000, but they provide essential protection.
It is strongly recommended that intended parents work with a surrogacy agency or fertility attorney who can review the surrogate’s insurance plan in detail. This helps avoid gaps in coverage and ensures that everyone is financially protected throughout the process.
Extra Costs to Watch For
In addition to the main cost categories, there are several other expenses that may arise depending on your specific situation.
- Psychological counseling for both the surrogate and intended parents, often required by agencies and clinics
- Travel expenses if the surrogate or intended parents live far from the fertility clinic
- Egg or sperm donation fees if donor gametes are used
- Escrow account management to handle compensation and reimbursements securely
- Postpartum recovery support or extended leave payments for the surrogate, if agreed upon in the contract
Transparency is key. A well-structured surrogacy contract should outline all potential expenses clearly to prevent confusion or financial strain later on.
Finding a Surrogacy Agency or Clinic in Michigan
Do You Need to Stay In-State?
Now that surrogacy is legal in Michigan, intended parents and surrogates can complete the entire journey within state lines. However, staying in-state is not required. Some families still choose to work with out-of-state clinics or agencies, especially if they have already established care elsewhere or are seeking very specific medical or legal expertise.
That said, choosing to stay local has clear benefits. Working with a Michigan-based fertility clinic or agency can make in-person appointments, embryo transfers, and surrogate meetings more convenient. It can also reduce travel costs and scheduling complications. Most importantly, it ensures that every step of the process, from legal contracts to court filings for pre-birth parentage orders, takes place within the same legal framework. This helps prevent delays or jurisdictional confusion.
As Michigan’s surrogacy landscape grows, more local professionals are becoming experienced in handling these journeys. Choosing to stay in-state is now a viable and often efficient option.
How to Choose the Right Support Team
Selecting the right surrogacy agency or clinic is one of the most impactful decisions in any surrogacy journey. The professionals you choose will be your guides, advocates, and coordinators throughout the process. In Michigan, where the surrogacy law is new, it’s especially important to choose a team that is fully up to date on legal requirements and understands how to support both intended parents and surrogates under this new framework.
Intended parents should look for agencies and clinics that:
- Have experience with both gestational and traditional surrogacy
- Are familiar with the Michigan Family Protection Act and local court procedures
- Offer coordination with trusted attorneys, mental health professionals, and insurance experts
- Provide clear, transparent communication about services, costs, and timelines
- Have a compassionate and personalized approach tailored to each family’s needs
Many intended parents also value emotional and ethical alignment with the professionals they choose. Whether that means working with a local Michigan clinic, a national agency, or a small boutique team, the most important thing is feeling safe, heard, and supported throughout the journey.
Some agencies, like Surrogacy by Faith, offer support in Michigan even though they are based elsewhere. Working with a team that understands both local requirements and national best practices can provide families with a balance of legal security and compassionate care.
How Michigan Compares to Other States
Previously the Only U.S. State Criminalizing Paid Surrogacy
Until recently, Michigan had one of the most restrictive surrogacy laws in the United States, and arguably the harshest. Unlike most states, which simply declined to enforce compensated surrogacy agreements, Michigan went further by actively treating them as a criminal offense. For over three decades, paid surrogacy was classified as a felony. This applied not only to the intended parents and surrogate, but also to any attorney or agency involved in facilitating the agreement.
The consequences were serious. Even altruistic surrogacy arrangements carried legal uncertainty. No contract involving a surrogate could be enforced in court, regardless of the intentions behind it. Families in Michigan who dreamed of becoming parents through surrogacy had little choice but to turn to other states. This meant additional costs, travel logistics, and emotional stress.
Surrogates who wanted to help others build a family were equally unprotected. Without a legal framework to guide them, they were left vulnerable, with no guarantees around compensation, medical care, or legal recognition of their role. The risk of misunderstandings and disputes was high. The entire process operated in the shadows, creating frustration and fear for everyone involved.
Now Aligned with Surrogacy-Friendly States Like California and Illinois
Michigan’s legal transformation began with the passage of the Michigan Family Protection Act. This law brought the state into alignment with several surrogacy-friendly states, such as California, Illinois, and New Jersey. These states are known for offering clear, inclusive, and secure legal structures for both surrogates and intended parents.
Michigan’s updated law now includes the following protections and rights:
- Legal recognition of both gestational and traditional surrogacy
- Enforceable contracts signed before conception
- Authorization of compensation for surrogates
- Pre-birth parentage orders that ensure intended parents are legally recognized before the baby is born
- Mandatory independent legal counsel for both surrogate and intended parents
- Clear medical and psychological screening procedures
- The right for the surrogate to make her own healthcare decisions during the pregnancy
This structure allows Michigan residents, as well as out-of-state intended parents working with Michigan surrogates, to pursue their journeys with clarity and confidence. The law supports diverse family paths and removes many of the legal uncertainties that used to surround the process.
Still Requires Strict Compliance for Agreements to Be Enforceable
Even with the new law in place, surrogacy in Michigan is not a casual arrangement. Legal protection depends on strict compliance with the procedures outlined in the Michigan Family Protection Act. Informal agreements, verbal understandings, or contracts that skip required steps may not be enforceable in court.
To be valid, a surrogacy contract in Michigan must meet these legal standards:
- It must be signed by all parties before any medical procedures take place
- Each party must have their own independent attorney
- The surrogate must be at least 21 years old and have a history of at least one successful pregnancy
- Medical and psychological evaluations must be completed and documented
- The contract must clearly define responsibilities, financial terms, and medical decision-making rights
- A petition for a pre-birth parentage order must be submitted and approved by the court
If these conditions are not met, the court can refuse to recognize the agreement. This could result in delays, disputes, or even challenges to the parental status of the intended parents. To avoid these outcomes, it is essential to work with professionals who are fully familiar with Michigan’s new surrogacy law.
Surrogacy by Faith partners with legal teams and clinics who meet the highest standards of compliance. We ensure that every agreement is built on a solid legal foundation, protecting the emotional and legal security of everyone involved in the journey.
If You Live in Another State: Can You Use Michigan’s New Surrogacy Law?
Working Across State Lines
You don’t have to live in Michigan to benefit from the protections of its updated surrogacy law. If you’re an intended parent living in another state, you can still complete your surrogacy journey in Michigan by matching with a surrogate who resides there and giving birth within the state.
This option is especially valuable if you live in a place where surrogacy laws are unclear, restrictive, or entirely absent. Michigan now offers a clearly defined legal path that includes enforceable surrogacy contracts, pre-birth parentage orders, and full legal protection for all parties involved.
Legally, most steps in the surrogacy process will follow Michigan’s jurisdiction. This includes contract review, psychological screenings, and the parentage order, which is filed in the county where the surrogate lives. Even if intended parents live out of state, their rights will be established under Michigan law, as long as the surrogate gives birth in the state.
Surrogacy by Faith helps coordinate all legal and logistical steps for cross-state arrangements. Our team works with trusted attorneys and fertility clinics across the country to ensure that your journey remains smooth, compliant, and fully supported at every stage.
When a Surrogacy-Friendly State Makes the Difference
Surrogacy laws in the United States vary widely from state to state. While some states provide a safe and supportive framework for intended parents and surrogates, others offer limited or no protection. In certain places, compensated surrogacy is discouraged, restricted, or legally risky.
Michigan’s updated surrogacy law now offers an attractive and secure alternative. By choosing a surrogate who lives in a state with a surrogacy-friendly legal system, intended parents can avoid delays, reduce legal risk, and experience more clarity from start to finish.
Michigan now offers:
- Enforceable contracts for both gestational and traditional surrogacy
- Legal recognition of compensated and uncompensated arrangements
- The ability to obtain a pre-birth order that names intended parents before birth
- A well-defined legal framework that supports everyone involved
- Equal protections for all families, including LGBTQ+ and single parents
For intended parents who live in states like Nebraska or Louisiana, where surrogacy laws are still restrictive or inconsistent, Michigan provides a much more predictable and safe environment. Choosing to match with a Michigan-based surrogate opens the door to a legally recognized journey, with fewer complications and greater peace of mind.
The legal status of surrogacy varies by state, and reviewing which states surrogacy is illegal can help identify safer options for intended parents.
Why Choose Surrogacy By Faith
Navigating surrogacy laws across the U.S. can be overwhelming, but choosing to work with an agency that understands these laws makes the process easier and more secure. At Surrogacy by Faith, we focus on transparency, personalized support, and matching intended parents and surrogates only in surrogacy-friendly states with clear legal protections.
Whether you’re an intended parent ready to grow your family or someone who feels called to become a surrogate, our team is here to guide you every step of the way with care, respect, and clarity.
To begin, you can explore the Surrogate Application Form or fill out the Intended Parents Form to take the first step on your journey.