Is Surrogacy Legal in Michigan? What Changed in 2025

Last reviewed September 2026. General education, not legal advice — confirm with a licensed Michigan reproductive attorney.

Yes. Compensated gestational surrogacy is now legal in Michigan — and that sentence would have been wrong two years ago.

For decades Michigan was the harshest surrogacy state in the country. Compensated surrogacy contracts weren't just unenforceable; entering one could carry criminal penalties. Families who wanted to build through surrogacy left the state to do it.

What Changed

Michigan's Assisted Reproduction and Surrogacy Parentage Act (2024 Public Act 24), effective April 2, 2025, replaced that framework entirely. Under the new law:

• Surrogacy agreements that substantially comply with the statute are enforceable. That's the core of it — you now know the rules in advance instead of hoping a court is sympathetic.
• Intended parents are recognized as parents by operation of law when the statutory requirements are met, rather than having to adopt their own child.
• Compensation is permitted. The criminal exposure that defined the old Michigan regime is gone.

Source: Michigan 2024 Public Act 24, legislature.mi.gov; ASRM state-by-state surrogacy resource.

What This Means If You Live in Michigan

For prospective surrogates: you can now carry for a family, be compensated, and have an agreement that a Michigan court will actually enforce. The statute also builds in protections for you — independent legal counsel is part of doing this properly, and the intended parents pay for yours.

For intended parents: you no longer need to relocate the journey out of state, and you shouldn't be facing an adoption step at the end. Ask your attorney precisely how parentage will be established in your case and what documents the hospital will need.

Questions to Ask Before You Sign

1. Does this agreement "substantially comply" with 2024 PA 24 — and can you show me which requirements it satisfies?
2. How and when is parentage established, and what happens at the hospital?
3. Who is my independent attorney, and who is paying for them? (It should not be you, the surrogate.)
4. Because this law is new, how many journeys have you completed under it?

That last question matters. A law that took effect in 2025 means everyone — agencies, attorneys, even some hospitals — is still building experience with it. Ask for specifics rather than reassurance.

Michigan vs. California

Michigan's new framework is genuinely protective. California's is simply older and more tested: Family Code 7960–7962 has been operating for years, with no marital-status or genetic-connection requirements and a very well-worn pre-birth order process. If you're an intended parent weighing where to run your journey, that track record is a real factor — see why California law is the gold standard and our full state-by-state map.

We work with surrogates and intended parents nationwide. If you're in Michigan and want an honest read on your options, email info@onfertilityground.com or take the 2-minute quiz.

General education, not legal advice. Reflects Michigan 2024 Public Act 24 as of September 2026. Eligibility and process are determined case by case with a fertility clinic and a licensed Michigan reproductive attorney.