Michigan went from having one of the strictest surrogacy laws in the country to one of the clearest — in a single, recent change.
Is surrogacy legal in Michigan?
Yes — but this is very recent. Until April 2025, Michigan actually made paid surrogacy contracts a crime, one of the only states in the country to do so. That changed when a new law, the Michigan Family Protection Act, took effect and replaced the old ban with a full framework for .
Can a surrogate be paid?
Yes. The new law lets a surrogate be paid for carrying the pregnancy, not just for expenses.
A few requirements come first:
- The surrogate must be at least 21 and have already given birth to a child of her own
- The surrogate and each have their own independent lawyer
- Everyone completes a medical and mental health evaluation
- The agreement has to come from assisted reproduction (IVF), not a pregnancy from intercourse
How do intended parents become the legal parents?
Michigan now allows a . Courts can approve it based on signed attorney certifications, often without an in-person hearing, and the judgment takes effect at birth. This works regardless of the intended parents' marital status, gender, or genetic connection to the baby.
A few practical things to know
- Very new law: Michigan's framework only took effect in April 2025, so older articles calling Michigan "illegal" for surrogacy are now out of date.
- Who's covered: married, unmarried, same-sex, and single intended parents are all included.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Michigan insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Michigan's law changed very recently, so it's worth double-checking the latest details with an attorney.
Before signing any , talk to a lawyer who specializes in reproductive law in Michigan. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.