Gestational Surrogacy Regulations in Michigan

Overview

Gestational Surrogacy is expressly prohibited under Michigan Surrogate Parenting Act MCL
Section 722.855, declaring surrogacy contracts to be void and unenforceable as contrary to
public policy. Surrogacy contracts for compensation are subject to criminal penalties.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
Yes*
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Unmarried same-sex couple:
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational (Compassionate) Surrogacy only
Resident status:
Yes*
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes*
Surrogate status:
Gestational (Compassionate) Surrogacy only
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Michigan:
Yes
Birth outside of Michigan:
No

Courts may grant Pre-Birth Orders if no payment or compensation has been made and the
surrogate is a compassionate surrogate. Post-Birth Adoptions are permitted by a single person
or by a married couple.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Michigan Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes*

Second Parent and Stepparent Adoptions for Michigan Residents:

*This situation typically arises if the child is born outside of Michigan. The parents then return to Michigan to obtain a second parent adoption or stepparent adoption in Michigan. Michigan does not permit second-parent or step-parent adoptions for same-sex couples. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Michigan?

*Traditional Surrogacy is not distinguished from Gestational Surrogacy in the Michigan Surrogate Parenting Act. Please consult with your local attorney before moving forward with Traditional Surrogacy.*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.