Hatch Fertility Blog | Egg Donation & Surrogacy Agency

Michigan Surrogacy Laws 2026

Written by Hatch Fertility | Dec 18, 2025 5:29:18 PM

Understanding surrogacy laws in Michigan

Choosing surrogacy is a deeply personal and hopeful decision—one that deserves clarity, compassion, and unwavering support. If you’re considering surrogacy in Michigan, it’s essential to understand the unique legal landscape.  Michigan surrogacy laws are amongst some of the best in the United States since the passing of The Assisted Reproductive and Surrogacy Parentage Act which took effect in 2025.

Michigan’s new law has paved the pathway to parenthood, and with the right guidance, you can move forward with confidence and care. Under this statute the Intended Parents are recognized as the legal parents, and the State Registrar is required to issue an amended birth certificate in compliance with the parental judgment. 

Types of surrogacy recognized in Michigan

Michigan law draws a clear distinction between different types of surrogacy, and understanding these differences is crucial for Intended Parents and Surrogates alike.

Gestational surrogacy

Gestational surrogacy involves a Surrogate who carries a child with no genetic connection to her—the embryo is created using the Intended Parents’ or donors’ egg and sperm. While this is the most common form of surrogacy nationwide, Michigan law recognizes and enforces gestational surrogacy contracts if compensation is involved as well as for altruistic (unpaid) arrangements 

Traditional surrogacy

Traditional surrogacy, where the Surrogate uses her own egg, is also legally recognized in Michigan. 

Altruistic surrogacy

Altruistic surrogacy, where the Surrogate receives no compensation beyond medical and pregnancy-related expenses is an option in Michigan. It should be noted that it is quite difficult to find Surrogate candidates comfortable proceeding without compensation due to the commitment of time, energy and measured medical risk they must undertake.

What this means for you:
Michigan’s supportive stance means that any surrogacy arrangement—gestational or traditional, compensated or altruistic— has legal enforceability assuming the correct process is followed. This underscores the importance of transparency, trust, and professional guidance at every step.

Parental rights and establishing parentage

One of the most emotionally charged aspects of surrogacy is the question of parental rights. In Michigan, the law presumes that Intended Parents are the legal parents in accordance with their parentage judgement.

Legal parentage process

  • Pre-birth orders: Michigan courts do issue pre-birth parentage orders for surrogacy arrangements. This means Intended Parents can be named on the birth certificate before the child is born.
  • Post-birth adoption: Intended Parents can choose to pursue but a pre-birth order would be preferential 
  • Risks for Surrogates: Surrogates can proceed safely and with confidence knowing the Intended Parents will be supported by Michigan’s state laws in being the legal parents.

Why this matters:
The clear process for legal recognition for surrogacy contracts in Michigan means that both Intended Parents and Surrogates can rest at ease.  With experienced legal support and open communication, families can achieve their dreams while protecting everyone’s rights and well-being.

Requirements for Intended Parents and Surrogates

While Michigan surrogacy laws do not set formal eligibility criteria for Intended Parents or Surrogates, careful screening and preparation are always important for the surrogacy process for everyone’s safety.

For Intended Parents

  • Legal counsel: Work with an attorney experienced in Michigan surrogacy laws to understand your options.
  • Emotional support: Seek counseling and support networks to help navigate the emotional complexities of surrogacy.

For Surrogates

  • Informed consent: Ensure you fully understand the legal implications, including how the laws in Michigan support surrogacy. 
  • Medical and psychological screening: Prioritize your health and well-being with comprehensive medical and psychological evaluations.
  • Support system: Surround yourself with trusted advisors, family, and professionals who respect your decision and can offer guidance.

These safeguards are in place to protect and support everyone involved. At Hatch, we believe that every surrogacy journey should be built on a foundation of safety, transparency, and mutual respect- and Surrogates in Michigan are beautifully positioned to have a legally-sound journey.

Take the next step with confidence

Ready to explore your surrogacy options in Michigan?
Hatch has been happily working with Surrogates in Michigan since their surrogacy-friendly law took effect in 2025. At Hatch, we’re committed to guiding you with expertise, compassion, and a steadfast dedication to your safety and success. Whether you’re an Intended Parent or a potential Surrogate, our team will help you understand your rights, navigate the legal landscape, and move forward with confidence.

Frequently Asked Questions

  • Are surrogacy contracts legal in Michigan?
    Yes, under current Michigan surrogacy laws, compensated surrogacy contracts are enforceable. Even altruistic agreements are legally permissible.
  • Can Intended Parents be listed on the birth certificate in Michigan?
    Yes, Michigan does allow pre-birth parentage orders.
  • Is gestational surrogacy allowed in Michigan?
    Gestational surrogacy is legally enforceable in Michigan, effectively since 2025.
  • What are the risks for Surrogates in Michigan?
    There is no extenuating risk for Surrogates in Michigan beyond the normal, measured risk of any pregnancy.
  • How can I protect myself if I pursue surrogacy in Michigan?
    Work with an experienced attorney, ensure all parties understand the risks, and prioritize open communication and emotional support throughout the process.