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State law route

Michigan surrogacy laws and planning route

On April 1, 2025, The Assisted Reproduction and Surrogacy Parentage Act, which was passed in 2024, takes effect. This statute permits Gestational Surrogacy in Michigan and recognizes the Intended Pare... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.

Michigan surrogacy state illustration
Friendly state posture Last updated October 8, 2025 Organization-reviewed

Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.

MI
Michigan
Friendly state posture
Legal Status Gestational surrogacy permitted under the Assisted Reproduction and Surrogacy Parentage Act (effective April 2, 2025).
Pre-Birth Orders Available
Compensated Surrogacy Permitted
Residency Requirement Not Required
Educational note

This state summary is educational planning context, not legal advice. Surrogacy laws, court practice, and parentage-order procedure can change — confirm your specific route with qualified reproductive counsel before acting.

On this page
What to confirm next

Before acting on Michigan surrogacy law

Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.

Independent reproductive attorney
What must counsel confirm?

Confirm the Michigan parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.

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Clinic and screening team
What must the clinic confirm?

Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.

Review requirements
Patriot coordination
What should be routed next?

Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the Michigan route needs a backup jurisdiction.

Talk to our team
Before you proceed
✓ Review Michigan parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary

The Michigan law, section by section

Category

Surrogacy-Friendly

Gestational Surrogacy

Fully legal and enforceable under the Assisted Reproduction and Surrogacy Parentage Act (ARSPA), effective April 1, 2025.

Traditional Surrogacy

Permitted under Michigan law. The ARSPA includes provisions for both traditional and gestational surrogacy.

Pre-Birth Parentage Orders

Yes, courts grant pre-birth parentage orders. Both intended parents can be declared legal parents if at least one is genetically related to the child. No hearing is required, and the order becomes effective upon the child’s birth.

Parent Eligibility

Married heterosexual couples, unmarried heterosexual couples, same-sex couples, and single parents can all obtain pre-birth orders with or without genetic connection.

Commercial Surrogacy

Allowed; compensated arrangements are permitted.

Same-Sex Parents

Both parents can be named on the birth certificate.

Birth Certificate Timing

Issued promptly post-birth, listing both intended parents

Out-of-State Orders

Recognized if domesticated by a Michigan court.

Overall

Michigan is a surrogacy-friendly state with clear legal pathways for all types of intended parents.

Primary source
Michigan source used for this summary

The visible law summary is tied to the governed Michigan source row used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.

Official source
Michigan Legislature: Assisted Reproduction and Surrogacy Parentage Act
Legislation · Accessed May 31, 2026
Partner with our legal network

We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.

✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
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Funds custody

How escrow works in Michigan

In Michigan, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.

Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.

✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
See how your law firm uses TrustUS

Disclaimer: Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.

Explore more states

Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.

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Need legal guidance?

Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.

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Planning surrogacy in Michigan?

Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified reproductive law attorney for advice specific to your situation.