Legislative Milestone in Michigan’s Surrogacy Landscape:
In Michigan, the legal landscape for surrogacy is marked by stringent restrictions, particularly against compensated surrogacy contracts
Surrogacy Contracts
Surrogacy contracts in Michigan face significant legal limitations. The state's Surrogate Parenting Act explicitly prohibits compensated surrogacy contracts, rendering them void and unenforceable. This legal stance emphasizes the state's prohibition of commercial surrogacy arrangements, where Surrogates receive payment beyond reasonable medical and ancillary expenses.
Parental Rights
Michigan does not permit pre-birth orders to establish legal parentage. Instead, post-birth orders are available to the biological father, provided the surrogacy arrangement was altruistic. The intended mother, in many cases, may need to pursue a stepparent adoption process to establish legal parentage rights.
Legal Rights of Surrogates:
While compensated surrogacy is not permitted, altruistic surrogacy, where the Surrogate is not compensated beyond medical and necessary expenses, remains legal. This pathway requires careful legal structuring of surrogacy agreements to ensure compliance with Michigan law while protecting the rights and interests of all parties involved.
Who Can Benefit from Surrogacy in MI?
Heterosexual married couples with a genetic link to a child
Same-sex married couples with a genetic link to a child
Surrogacy Environment in Michigan:
Michigan's surrogacy laws present a challenging environment for those wishing to pursue surrogacy as a means of family building. The prohibition against compensated surrogacy contracts and the restrictions on legal parentage underscore the importance of legal guidance in these arrangements.
Advantages of Surrogacy in MI
Given the state's prohibitive stance on compensated surrogacy and the specific requirements for establishing legal parentage, Intended Parents and Surrogates must approach surrogacy arrangements with a clear understanding of the legal landscape.
