The Michigan legislature recently passed the Assisted Reproduction and Surrogacy Parentage Act (the Act), repealing the criminal and civil bans on surrogacy and establishing laws to regulate the process and protect all involved parties. This advisory will briefly cover the background leading up to the Act and outline some of the key components of Michigan’s new surrogacy legislation, which is set to take effect in March of 2025.

Before passage of the Act (also known as the Family Protection Act), Michigan was the last remaining state with a broad criminal ban on surrogacy arrangements. When it was instituted in 1988, this ban was one of the first surrogacy statutes enacted in the United States. Prior to passage of the new law, Michigan also had a civil ban, rendering surrogacy agreements void and unenforceable.

On April 1, 2024, the Michigan legislature passed the Act as a package of bills (HB 5207-5215), lifting the prior ban and instituting requirements for surrogacy agreements and protections for all involved parties, including the surrogate, intended parents, and child. The legislation also ensures a secure legal relationship between parents and children conceived through assisted reproduction, including in vitro fertilization. By establishing clear parental rights for those relying on surrogacy and assisted reproductive technologies, the legislation ensures that more Michigan families, including same-sex couples, have access to parental rights and protections.

The Act provides certain protections for all parties, including the following:

• The intended parents and surrogate must be at least 21 years old.
• The intended parents and surrogate must complete a mental health evaluation.
• The surrogate and intended parents must have independent legal representation of their choosing throughout the entire process, from the agreement negotiation process through the duration of the agreement.

Under the Act, there are also certain safeguards specific to the surrogate, including:

• The surrogate’s legal counsel must be paid for by the intended parents.
• The agreement must permit the surrogate to choose her health care practitioner.
• The agreement must permit the surrogate to make all health and welfare decisions regarding the surrogate and the pregnancy, such as whether to consent to a cesarean section or multiple embryo transfer.
• The surrogate may be compensated under the agreement.

Passage of the Assisted Reproduction and Surrogacy Parentage Act means that Michigan residents have more options for expanding their families. By providing clear legal protections and guidelines for surrogates and intended parents, the state is ensuring that all parties involved are protected throughout the process.