Michigan Paid Surrogacy Law: What You Need to Know

Hatch Fertility
03/21/2024

There is big news in the world of surrogacy as the Michigan Senate voted to reform the state's surrogacy law on Tuesday, March 19th, 2024. The Michigan House Bill passed through the senate allows for paid surrogacy contracts in the state. As of Monday, April 1st, 2024, Michigan's Governor has officially signed the bill into law. 

Decisions about if, when, and how to have a child are deeply personal. Politicians should not be dictating the terms of these private decisions that should be left to a family, their doctor, and those they love and trust.
- Michigan Gov. Gretchen Whitmer

Understanding the Background of Surrogacy Laws in Michigan

Surrogacy is finding its way into more and more family-building arrangements. This Assisted-Reproductive Technology allows many people to fulfill their dream of parenthood that without it, wouldn't be able to. Understanding the background of surrogacy laws in Michigan is crucial for both intended parents and surrogates in the Great Lakes State.

A 1988 Michigan law has been negatively impacting families needing the support of a surrogate for decades. The old law states that paid surrogacy arrangements can result in a misdemeanor or felony. 

The previous legislation in Michigan only allowed for altruistic surrogacy, meaning that the surrogate could not be compensated for their services. However, under the new law, intended parents can now legally enter into paid surrogacy arrangements with the assistance of a surrogate.

It is important to note that while surrogacy is now decriminalized in Michigan, there are still regulations and guidelines in place to ensure the well-being and protection of all parties involved. These laws aim to create a safe and supportive environment for surrogacy in the state.

Michigan state flag waving in front of the capitol

Key Provisions and Requirements of Michigan's Paid Surrogacy Law

The new paid surrogacy law in Michigan includes several key provisions that are imperative for intended parents and surrogates to be aware of. These provisions outline the legal framework and requirements for surrogacy arrangements in the state.

Written Surrogacy Agreement

One of the key provisions is the requirement for a written surrogacy agreement between the intended parents and the surrogate. This agreement must outline the rights, responsibilities, and expectations of all parties involved.

Medical and Mental Health Consultations

Another important provision is the requirement for both the intended parents and the surrogate to undergo consultations with medical and mental health professionals, as well as to obtain independent legal representation. This is to ensure that all parties are fully protected, understand the surrogacy process, their rights, and any potential risks involved.

Surrogate Qualifications

The law also establishes guidelines for surrogate qualifications. For those entering a surrogate agreement in the state of Michigan, they must be at least 21 years old. Other criteria would be determined by a surrogacy agency or fertility expert. 

Establishing Legal Parentage

Additionally, the new law recognizes the intended parents as the legal parents of the child born through surrogacy. This means that they have all the legal rights and responsibilities associated with parenthood.

Overall, these key provisions aim to protect the rights and interests of both intended parents and surrogates, while ensuring that the surrogacy process is ethically and responsibly arranged. Our expert team with over 30 years of experience at Hatch, works with both intended parents and surrogates for medical and mental health evaluations, as well as identify legal representation for everyone involved.

Impact of the New Law on Intended Parents

The new paid surrogacy law in Michigan has a significant impact on intended parents. It provides them with the opportunity to pursue surrogacy as a means of building their families through third-party reproduction.

Previously, intended parents in Michigan had limited options when it came to surrogacy. They either had to seek surrogacy arrangements in other states or choose altruistic surrogacy, where the surrogate could not be compensated. In some cases there were also challenges with granting parentage, forcing parents to be listed as guardians rather than parents.

With the decriminalization of paid surrogacy, intended parents in Michigan will now have the option to enter into legally binding contracts with surrogates and provide appropriate compensation for their services. At Hatch, we believe that surrogates should be valued for their selflessness and so do many aspiring surrogates!

This new law brings hope and relief to many intended parents who were previously unable to pursue surrogacy due to legal restrictions. It allows them to fulfill their dreams of becoming parents and experience the joys of raising a child.

Michigan family posing for photo

Rights and Responsibilities of Surrogates in Michigan

Surrogates in Michigan now have legal rights under the new paid surrogacy law. These rights aim to protect their well-being, ensure fair compensation, and establish clear expectations. Surrogate pay with Hatch includes base compensation, payments before, during, and after pregnancy, and additional benefits from your intended parents.

One of the key rights of surrogates is the right to be compensated for their services. The law recognizes that surrogacy involves significant time, effort, and potential risks, and therefore, surrogates are entitled to reasonable compensation. At Hatch, we believe for those willing to bring new life into the world deserve comprehensive compensation, so surrogates can focus solely on having a healthy pregnancy. 

Additional Benefits for Hatch Surrogates:

  • Personalized gifts
  • Pregnancy bonuses
  • Child care allowances
  • Household allowances
  • Compensation for lost wages
  • Bonuses for medical and legal clearance

Surrogates also have the right to make decisions regarding their own healthcare and medical treatment during the surrogacy process. They have the autonomy to make informed choices and have their preferences respected. At Hatch, surrogates work closely with a matching specialist to choose the perfect intended parents they wish to support on their family-building journey.

At the same time, surrogates also have certain responsibilities. They are responsible for adhering to the terms of the surrogacy agreement, attending medical appointments, and taking care of their health and well-being during the pregnancy.

It is important for surrogates to fully understand their rights and responsibilities before entering into a surrogacy arrangement. This ensures that they can make informed decisions and have a positive surrogacy experience.

Navigating the Legal Process of Paid Surrogacy in Michigan With Hatch Fertility

The legal process of paid surrogacy in Michigan can be complex and requires careful navigation. It is important for intended parents and surrogates to fully understand the legal requirements and steps involved.

At Hatch, we will support you on your family-building journey step-by-step. Navigating the legal process of paid surrogacy in Michigan can be overwhelming, but with the right support and guidance, intended parents and surrogates can successfully embark to achieve their dreams of family, together.