Michigan Surrogacy Laws: What Surrogates Need to Know
August 14, 2025 by Frank Golden
If you have been curious about becoming a Surrogate in Michigan, you have probably heard a lot of confusing information. For years, Michigan surrogacy laws were among the most restrictive in the country. That made many women hesitant to explore this path.
Here is some exciting news! As of April 1, 2025, Michigan law has changed significantly. Compensated surrogacy is now legal in the state. Surrogacy contracts are enforceable. And Surrogates have clearer protections than ever before.
This article explains everything you need to know about Michigan surrogacy laws. We will cover what the law says, how it protects you, and why working with experienced professionals still matters. Let’s dive in!
Table of Contents
- Is Surrogacy Legal in Michigan?
- Michigan’s Surrogacy Statute Explained Simply
- What This Means for Potential Surrogates in Michigan
- Compensated vs Uncompensated Surrogacy in Michigan
- Why Legal Guidance and Agency Support Matter in Michigan
- How Surrogates Are Protected in Michigan
- Common Myths About Michigan Surrogacy Laws
- Why Ethical Agencies Take a Cautious Approach in Michigan
- Frequently Asked Questions About Michigan Surrogacy Laws
- Making an Informed Decision About Surrogacy in Michigan
Is Surrogacy Legal in Michigan?
Yes! Surrogacy is now fully legal in Michigan. This is a major change from the previous law.
Before April 2025, Michigan had one of the most restrictive surrogacy laws in the United States. Compensated surrogacy contracts were unenforceable. There were even potential civil penalties for certain arrangements.
That has all changed. The new Michigan surrogacy law (Assisted Reproduction and Surrogacy Parentage Act) allows compensated gestational surrogacy. It also makes surrogacy contracts legally enforceable. This means Surrogates and Intended Parents in Michigan both have clearer legal protections.
Michigan now joins the majority of states that support surrogacy as a legitimate path to family building. This is wonderful news for women who want to help others become parents!
Michigan’s Surrogacy Statute Explained Simply
The updated Michigan surrogacy law establishes clear guidelines for everyone involved. Here is what you need to know.
Surrogacy contracts are now enforceable. This means the agreement you sign with Intended Parents has legal standing. It protects your rights and outlines everyone’s responsibilities.
Compensation is legal. You can receive fair compensation for your time, commitment, and the physical demands of pregnancy. This was not the case under the old law.
Written contracts are required. All surrogacy arrangements must have a written agreement signed by all parties. This protects you and ensures everyone understands the terms.
Independent legal representation is mandatory. You must have your own attorney. The Intended Parents must pay for your legal counsel. This ensures you have someone advocating solely for your interests.
According to the American Society for Reproductive Medicine, clear legal frameworks help protect everyone involved in surrogacy arrangements. Michigan’s new law reflects these ethical standards.
What This Means for Potential Surrogates in Michigan
If you live in Michigan and want to become a Surrogate, this law change opens new doors for you!
You can now pursue compensated surrogacy without the legal uncertainty that existed before. Your contract will be enforceable. Your compensation is protected. And you have clear legal rights throughout the process.
However, understanding the law is still important. Even with supportive legislation, surrogacy involves many moving parts. Medical screening, psychological evaluation, legal contracts, and pregnancy care all require coordination.
That is why working with an experienced agency matters. At Golden Surrogacy, Founder Frank Golden leads the team and guides every Surrogate as family. You will never navigate this journey alone.
Professional guidance helps you understand your rights. It ensures your contract is thorough. And it protects you from potential pitfalls that can arise in any complex arrangement.
Learn more about what the journey looks like on our surrogate timeline page.
Compensated vs Uncompensated Surrogacy in Michigan
Under the new Michigan law, both compensated and uncompensated surrogacy are permitted. But most Surrogates choose compensated arrangements. Here is how compensation typically works.
Base compensation is negotiated between you and the Intended Parents. This covers your time, commitment, and the physical and emotional responsibilities of carrying a pregnancy for someone else. Base compensation typically begins after pregnancy is confirmed by ultrasound. It continues monthly until delivery.
Expense reimbursement is separate from base compensation. Michigan law requires that Intended Parents cover certain costs. This includes your independent legal counsel at minimum. Most arrangements also cover medical expenses, maternity clothing, travel costs, and other pregnancy-related needs.
Milestone payments may also be included. These cover specific events like embryo transfer, confirmation of heartbeat, or cesarean delivery if needed.
The goal is to ensure you are never financially burdened by your decision to help another family. Your compensation reflects the significant gift you are giving.
Curious about typical compensation amounts? Check out our Michigan Surrogate compensation guide for more details.
Why Legal Guidance and Agency Support Matter in Michigan
Even with supportive laws, surrogacy is complex. Legal guidance and agency support remain essential for a safe, positive experience.
Your attorney protects your interests. Michigan law requires you to have independent legal counsel. This is someone who works only for you. They review your contract, explain your rights, and ensure the agreement is fair.
An experienced agency coordinates everything. From matching you with Intended Parents to managing medical appointments and legal timelines, your agency handles the logistics. This lets you focus on your health and wellbeing.
At Golden Surrogacy, our dedicated Care Team supports Surrogates throughout the entire journey. Our Agency Director is available via phone, text, and email whenever you have questions.
Professional support reduces risk. Informal or unstructured arrangements can lead to misunderstandings, unmet expectations, or even legal complications. Working with professionals protects you.
How Surrogates Are Protected in Michigan
Michigan’s new surrogacy law includes important protections specifically for Surrogates. Here is what you should know.
You retain your healthcare decisions. The law ensures you have the right to make your own medical choices during pregnancy. No one can force you into a decision you are not comfortable with. Your bodily autonomy is protected.
Informed consent is required. Before any surrogacy arrangement begins, you must understand and agree to the terms. This includes decisions about embryo transfers, potential pregnancy complications, and delivery preferences.
Medical and psychological screening are standard. Before you are matched with Intended Parents, you will complete thorough evaluations. These protect your physical and emotional health. They also ensure you are prepared for the journey ahead.
The Centers for Disease Control and Prevention emphasizes the importance of comprehensive maternal health care. Ethical surrogacy programs prioritize this at every stage.
Your contract outlines everything clearly. A comprehensive surrogacy agreement covers wellness expectations, travel restrictions, communication preferences, and what happens if circumstances change. Nothing is left to chance.
Common Myths About Michigan Surrogacy Laws
There is still a lot of outdated information floating around about Michigan surrogacy. Let’s clear up some common myths!
Myth: Surrogacy is illegal in Michigan.
Fact: This was true under the old law, but not anymore! As of April 2025, surrogacy is fully legal in Michigan.
Myth: Surrogates cannot be compensated.
Fact: Compensated surrogacy is now permitted under Michigan law. You can receive fair payment for your time and commitment.
Myth: Surrogacy contracts are not enforceable.
Fact: The new law makes surrogacy contracts legally binding. Your agreement has real legal standing.
Myth: Surrogates have no protections.
Fact: Michigan law now includes specific protections for Surrogates. This includes the right to independent legal counsel and the right to make your own healthcare decisions.
Myth: You do not need an agency in Michigan.
Fact: While you are not legally required to use an agency, working with experienced professionals significantly reduces risk and improves your experience.
Why Ethical Agencies Take a Cautious Approach in Michigan
Even with supportive new laws, ethical agencies like Golden Surrogacy take a thoughtful, careful approach to surrogacy in Michigan.
Education comes first. We believe you should fully understand your rights, responsibilities, and the entire process before making any decisions. We never pressure anyone to move forward before they are ready.
Legal compliance is non-negotiable. Michigan’s new law has specific requirements. We ensure every arrangement meets those standards. This protects you and ensures your journey goes smoothly.
Transparency builds trust. We are honest about what surrogacy involves. The joys, the challenges, and everything in between. You deserve complete information to make an informed choice.
We prioritize your wellbeing. From your first conversation with our team to the moment you deliver, your health and happiness are our top priorities. That is what surrogate-first care looks like.
Want to learn more about what we look for in Surrogates? Visit our Michigan Surrogate requirements guide.
Frequently Asked Questions About Michigan Surrogacy Laws
Is surrogacy legal in Michigan?
Yes! As of April 2, 2025, both compensated and uncompensated gestational surrogacy are legal in Michigan.
Can Surrogates be compensated in Michigan?
Absolutely. Compensation is legal and protected under the new law. You can receive payment for your time, commitment, and pregnancy-related expenses.
Are surrogacy contracts enforceable in Michigan?
Yes. Written surrogacy contracts are now legally enforceable in Michigan. This provides important protections for everyone involved.
Do I need a lawyer to be a Surrogate in Michigan?
Yes. Michigan law requires that you have independent legal counsel. The Intended Parents must cover the cost of your attorney.
Should I work with an agency?
While not legally required, working with an experienced agency significantly improves your experience. Agencies coordinate medical, legal, and logistical details so you can focus on your health.
What if I have more questions?
We are here to help! Reach out to Golden Surrogacy anytime. Our team is happy to answer your questions and provide guidance.
Making an Informed Decision About Surrogacy in Michigan
Michigan’s surrogacy laws have changed for the better. If you have been thinking about becoming a Surrogate, this is an exciting time to explore your options.
Understanding the legal landscape empowers you to make confident decisions. You now know that surrogacy is legal, compensation is protected, and your rights are clearly defined.
But knowledge is just the first step. The surrogacy journey involves many decisions. Having experienced professionals by your side makes all the difference.
At Golden Surrogacy, we are here to support you. Our team walks with you through every phase of the process. From your first questions to the moment you help a family welcome their child.
Ready to learn more? Visit our Become a Surrogate page to explore your next steps. Take your time, ask questions, and move forward when you feel ready!
