What Legal Issues Should Parents Address Before a Surrogacy Agreement?

Surrogacy offers a hopeful path for intended parents dreaming of growing their families, but it also introduces a unique set of legal complexities. Before the medical process begins, establishing a solid legal foundation is critical to protect everyone involved, especially the future child. The Van Den Heuvel Law Office helps parents address all outstanding legal issues before a surrogacy agreement is finalized.

What Are the Requirements for a Gestational Carrier in Michigan?

Under the Michigan Family Protection Act, the state established a clear legal framework for surrogacy. This protects intended parents by ensuring that the woman carrying the child is physically and emotionally prepared for the journey. Before drafting a contract, you must verify that your potential surrogate meets specific state criteria.

To be eligible in Michigan, a surrogate must:

• Be at least 21 years old.
• Have given birth to at least one child previously.
• Complete a comprehensive medical evaluation.
• Undergo a mental health consultation.
• Have independent legal representation (paid for by the intended parents).

Addressing these prerequisites early prevents legal hurdles down the road. It ensures that the match is viable before you invest emotionally and financially in the drafting of the agreement.

How Should Financial Compensation Be Structured?

Money is often the most sensitive topic in a surrogacy arrangement, yet it requires the most clarity. A robust agreement must detail fair compensation to avoid future disputes. This goes beyond a simple base payment; the contract should serve as a comprehensive financial roadmap for the entire pregnancy and recovery period.

Intended parents and surrogates must agree on a payment schedule, which typically begins once a heartbeat is confirmed. Furthermore, the agreement should cover variable costs, including maternity clothing, travel expenses for medical appointments and lost wages if the surrogate requires bed rest. To maintain professionalism and trust, these funds are generally held in an escrow account and managed by a third party, ensuring the surrogate is paid on time without the intended parents needing to write personal checks each month.

Who Makes Medical Decisions During the Pregnancy?

One of the most vital aspects of a surrogacy agreement involves medical consent and bodily autonomy. While intended parents have a deep interest in the health of the fetus, Michigan law protects the surrogate’s right to make decisions regarding her own body. A contract cannot force a surrogate to undergo a medical procedure or terminate a pregnancy against her will.

However, parties should align on major issues before signing. The agreement should clearly outline expectations regarding:

• Prenatal Care: The choice of OB-GYN and adherence to medical advice.
• Lifestyle Guidelines: Agreements on diet, exercise restrictions and travel limitations during specific trimesters.
• Termination and Reduction: Detailed clauses regarding abortion or selective reduction in the event of medical anomalies, ensuring both parties share similar views before proceeding.

How Is Legal Parentage Established?

For many years, Michigan laws made establishing parentage difficult for those using surrogacy. Fortunately, the 2024 legal updates have significantly streamlined this process. The current laws provide much-needed security by recognizing the intended parents as the legal parents from the moment of birth.

Your surrogacy agreement is the vehicle for this protection. By ensuring the contract complies with the Assisted Reproduction and Surrogacy Parentage Act, you can obtain pre-birth orders. This means your names go on the birth certificate immediately, eliminating the need for post-birth adoption proceedings in many cases. This legal certainty allows you to focus on bonding with your new child rather than worrying about courtroom formalities after delivery.

Plan Your Surrogacy Agreement With An Attorney

A surrogacy agreement is more than just a document; it is a protective shield for your future family and the woman helping you build it. By addressing carrier eligibility, financial terms, medical decisions and parentage rights upfront, you create a stable environment for a successful pregnancy. If you are ready to explore surrogacy in Michigan, contact Van Den Heuvel Law Office today to ensure your journey is legally secure.