Michigan Family Protection Act: Legalizing Paid Surrogacy

On April 1, 2024, Michigan passed the Michigan Family Protection Act, which goes into effect on April 1, 2025. The Michigan Family Protection Act legalizes paid surrogacy in the state. This legislation, known as 2024 PA 25, lifts the previous criminal ban on compensated surrogacy and establishes comprehensive standards to protect all parties involved, including biological parents, surrogates, and the children born through surrogacy. This Act is expected to have a profound impact on families seeking to expand through surrogacy, offering them a clear and supportive legal pathway to parenthood.

Key Provisions of the Act

The Michigan Family Protection Act introduces several critical standards for surrogates and intended parents. Surrogates must be at least 21 years old, have undergone a medical evaluation and a mental health consultation, and have previously given birth to at least one child. Intended parents, similarly, must be at least 21 years old and have a mental health consultation. Importantly, the Act mandates that both the surrogate and the intended parents have independent legal counsel to ensure that their rights and interests are adequately protected.

Surrogacy Agreement Requirements

The Act outlines specific requirements for surrogacy agreements, which must include:

1. terms related to payment,
2. compensation,
3. support, and
4. reasonable expenses.

Other Requirements include:

1. At least one party to the agreement must be a Michigan resident,
2. The birth must occur in Michigan, or the assisted reproduction must be performed in the state.
3. The agreement must be signed by the surrogate, each intended parent, and the surrogate’s spouse (if applicable) in the presence of a notary.

Additionally, the intended parents are responsible for covering the costs of independent legal representation for the surrogate.

Keep in mind, the agreement must be executed before any medical procedures related to the surrogacy take place. The agreement will require the surrogate to attempt to become pregnant via assisted reproduction and stipulates that neither the surrogate nor their spouse or former spouse has any claim of parentage over the child conceived under the agreement.

The intended parents are also obligated to cover all agreed-upon expenses, including those related to assisted reproduction and medical expenses for both the surrogate and the child. Furthermore, the surrogate retains the right to make all health and welfare decisions regarding the pregnancy and can choose their own healthcare practitioner. A good surrogacy agreement with also cover abortion.

If you need assistance with surrogacy in Grand Rapids, Michigan, give our experienced team a call. We can help you through every step of the legal process.