Surrogacy in Michigan

Surrogacy in Michigan is a complex and legally restrictive process compared to other states in the U.S. Michigan has some of the strictest surrogacy laws, making it challenging for intended parents and surrogates to engage in compensated surrogacy agreements. Due to these legal constraints, most surrogacy arrangements in the state are altruistic, meaning surrogates do not receive financial compensation beyond medical and pregnancy-related expenses.

The surrogacy process in Michigan involves several key steps:

1. Legal Consultation – Intended parents and potential surrogates must consult an attorney to understand Michigan's restrictive surrogacy laws, ensuring compliance and minimizing legal risks.
2. Matching Process – Due to legal limitations, intended parents often look for altruistic surrogates willing to carry a child without financial compensation. Finding a match can take time, as the pool of available altruistic surrogates is significantly smaller than in states where commercial surrogacy is legal.
3. Medical Screening – Surrogates undergo thorough medical examinations to ensure they are physically capable of carrying a pregnancy. This includes blood tests, ultrasounds, and overall health assessments.
4. Psychological Evaluation – Mental health professionals assess surrogates to confirm they are emotionally prepared for the surrogacy journey.
5. Embryo Transfer – Intended parents typically use in vitro fertilization (IVF) to create an embryo, which is then implanted in the surrogate.
6. Pregnancy and Birth – The surrogate carries the pregnancy to term, and intended parents prepare for the legal process of obtaining parental rights. Post-birth, the intended parents must complete an adoption process to gain full legal custody of the child.

Because Michigan prohibits compensated surrogacy, many intended parents seek surrogacy arrangements in other states with more favorable laws.

Surrogacy Laws in Michigan

Michigan law explicitly bans commercial surrogacy through the Surrogate Parenting Act of 1988, which makes compensated surrogacy agreements void and unenforceable. This law imposes criminal penalties, including fines of up to $50,000 and potential jail time, for individuals or agencies involved in commercial surrogacy.

Key legal restrictions include:

• Compensated surrogacy contracts are illegal. Any agreement involving payment to a surrogate is not only unenforceable but also punishable by law.
• Altruistic surrogacy is allowed but with legal complexities. Intended parents and surrogates must navigate strict legal processes to establish parental rights.
• Pre-birth parentage orders are not granted. Intended parents must go through adoption proceedings after birth to establish legal parentage.
• Same-sex couples and single parents face additional challenges. Since Michigan law does not recognize surrogacy contracts, non-biological parents may need to pursue second-parent or stepparent adoption.

For official legal information on surrogacy in Michigan, visit: https://www.legislature.mi.gov/documents/mcl/pdf/mcl-722-851.pdf

Surrogacy in Michigan for Intended Parents

For intended parents, pursuing surrogacy in Michigan presents significant obstacles. Because of the legal risks, most intended parents work with agencies and surrogates in states where surrogacy laws are more favorable, such as California or Illinois. However, those seeking altruistic surrogacy within Michigan must take the following steps:

• Find a willing surrogate – The surrogate must agree to carry the pregnancy without compensation beyond medical and pregnancy-related expenses.
• Work with an experienced attorney – A lawyer is essential to navigating Michigan’s restrictive surrogacy laws and ensuring that parental rights are legally established.
• Plan for post-birth adoption – Intended parents must go through legal adoption proceedings after birth, as Michigan does not allow pre-birth parentage orders.
• Obtain psychological and medical clearance – Intended parents may also undergo psychological evaluations and medical screening to ensure they are prepared for the surrogacy journey.

How Much Does Surrogacy Cost in Michigan?

Since compensated surrogacy is illegal in Michigan, the costs associated with the process are generally lower than in states where commercial surrogacy is legal. However, intended parents must still cover significant expenses, including:

• Medical screenings and IVF procedures ($15,000 – $30,000)
• Legal fees for contracts and adoption ($5,000 – $10,000)
• Prenatal care and delivery costs ($10,000 – $15,000)
• Psychological evaluations and counseling ($2,000 – $5,000)
• Insurance coverage for medical expenses ($5,000 – $10,000, depending on policy restrictions)
• Travel expenses if seeking surrogacy outside Michigan ($5,000 – $20,000)

Intended parents should consult legal and medical professionals to estimate the full costs based on their specific situation.

How Much Do Surrogates Get Paid in Michigan?

In Michigan, compensated surrogacy is illegal, meaning surrogates cannot receive direct payment beyond reimbursement for medical and pregnancy-related expenses. However, intended parents may cover costs such as:

• Medical expenses – All pregnancy-related medical costs, including prenatal care, delivery, and postnatal care.
• Legal fees – Any necessary legal representation to ensure proper parental rights for intended parents.
• Psychological support – Counseling and mental health services to support the surrogate through the process.
• Maternity-related costs – This may include maternity clothing, lost wages due to medical complications, and transportation to medical appointments.

While surrogates in other states can earn between $40,000 and $80,000, surrogates in Michigan must pursue the process for altruistic reasons rather than financial gain.

Finding a Surrogate in Michigan

Due to Michigan’s surrogacy restrictions, finding a surrogate can be challenging. Since commercial surrogacy is banned, intended parents must find a woman willing to carry a child altruistically. Common ways to find a surrogate include:

• Personal connections (friends or family members)
• Online forums and social media groups
• Support networks for altruistic surrogacy

Prospective surrogates should undergo thorough medical and psychological screenings to ensure they are suitable candidates for pregnancy.

Conclusion

Surrogacy in Michigan is legally complex and financially restrictive due to the state’s ban on compensated agreements. Intended parents seeking surrogacy often turn to other states, while altruistic surrogates must navigate legal challenges to help families grow. Those interested in surrogacy should seek legal counsel and medical advice to ensure they fully understand the process and their rights.