Michigan Decriminalizes Surrogacy: A New Era for Family Building

Published April 7, 2025

In a landmark shift for reproductive rights and family building options in the Great Lakes State, Michigan has officially decriminalized surrogacy arrangements as of April 1, 2025. This legislative change marks the end of Michigan's decades-long status as one of the most restrictive states for surrogacy in the nation.Michigan's Surrogacy Revolution

For years, Michigan stood among a small minority of states where compensated surrogacy agreements were not just unenforceable but actually criminalized under state law. Under the previous legislation, entering into surrogacy contracts was a misdemeanor punishable by fines up to $10,000 and potential jail time for facilitating compensated arrangements.

The new legislation removes these criminal penalties and establishes a framework for legal surrogacy agreements in Michigan, creating a regulated path for intended parents and surrogates to collaborate in building families.

What Changes Under the New Law

The decriminalization package includes several key provisions:

• Removal of Criminal Penalties: Parties entering into surrogacy agreements no longer face criminal charges or fines

• Legal Recognition: Courts can now recognize and enforce properly executed surrogacy agreements

• Protection for All Parties: Clear guidelines establish rights and responsibilities for surrogates and intended parents

• Medical and Psychological Screening: Requirements ensure all participants receive proper screening and counseling

• Compensation Framework: Legal parameters for reasonable compensation for surrogates
  

Impact on Michigan Families

This change represents a significant advancement for Michigan families struggling with infertility, same-sex couples seeking to build families, and individuals pursuing parenthood through assisted reproductive technology.

Sarah Chen, a reproductive rights advocate based in Ann Arbor, describes the change as "transformative for thousands of Michiganders who previously had to travel out of state or navigate legally uncertain territory to pursue surrogacy arrangements."

The decriminalization is expected to make Michigan more competitive with neighboring states that have long had more progressive surrogacy laws, potentially keeping reproductive healthcare spending within state borders while making family-building more accessible.

The Journey to Decriminalization

The path to decriminalization was not without controversy. The legislation faced opposition from various groups, including some religious organizations concerned about the commercialization of reproduction and traditional family advocates concerned about parental rights.

Supporters, including medical professionals, fertility specialists, LGBTQ+ advocacy groups, and families who had struggled with the previous restrictions, ultimately prevailed in making their case for change.

What Intended Parents Should Know

If you're considering surrogacy in Michigan, here are important considerations:

1. Consult with a reproductive law attorney: The new framework still requires careful legal navigation

2. Work with established agencies: Reputable surrogacy agencies familiar with the new Michigan regulations can provide crucial guidance

3. Understand insurance implications: Health insurance coverage for surrogacy varies widely and requires special attention

4. Be aware of remaining restrictions: The law still contains protective measures and requirements for all parties
   

Looking Forward

As Michigan joins the majority of states with surrogacy-friendly legislation, families have reason to celebrate this expansion of reproductive options. The decriminalization represents part of a broader national trend toward recognizing diverse paths to family formation.

Organizations supporting intended parents and surrogates are already preparing to expand their services in Michigan, with several national agencies announcing plans to increase their presence in the state following the April 1st implementation date.

For those considering growing their family through surrogacy in Michigan, the timing couldn't be better as this new chapter in reproductive rights unfolds.

For more information on surrogacy options and family-building through assisted reproductive technology, contact Patriot Conceptions for personalized guidance navigating these new opportunities. Citations

1. Michigan Legislature. (2024). "Surrogacy Decriminalization and Regulation Act of 2024." Michigan Legislative Service Bureau, Public Act 157 of 2024.

2. American Society for Reproductive Medicine. (2024). "State Laws Related to Gestational Surrogacy Arrangements." Fertility and Sterility, 121(1), 98-112.

3. Detroit Free Press. (2025, March 30). "Michigan Set to Enter New Era for Surrogacy as Decriminalization Takes Effect." Retrieved from freep.com.

4. Michigan Department of Health and Human Services. (2025). "Guidelines for Implementation of Surrogacy Agreements." Lansing, MI: State of Michigan.

5. Markens, S. (2023). "Surrogate Motherhood and the Politics of Reproduction." University of California Press, 210-215.

6. Michigan Bar Journal. (2025, March). "Legal Implications of Michigan's Surrogacy Law Reform." Michigan Bar Journal, 104(3), 24-28.

7. Reproductive BioMedicine Online. (2024). "Comparative Analysis of U.S. State Surrogacy Laws and Outcomes." Reproductive BioMedicine Online, 48(4), 567-579.

8. Michigan Radio. (2025, April 1). "Michigan's New Surrogacy Laws Take Effect, Ending Criminal Penalties." Retrieved from michiganradio.org.