Surrogacy in Michigan

Welcome to our comprehensive guide on surrogacy laws in Michigan. If you're considering surrogacy in Michigan, it's crucial to understand the legal landscape surrounding this life-changing process.

Gestational Surrogacy Is Illegal in Michigan

Michigan is a no go state for compensated gestational surrogacy. Not only is it prohibited pursuant to the Michigan Surrogate Parenting Act (MCL Section 722.851; Mich. Comp. Laws Ann. § 722.853), surrogacy contracts for compensation are subject to criminal penalties. As such, ConceiveAbilities does not accept surrogates from Michigan and most compensated Gestational Carrier Agreements will provide a restriction on a gestational surrogate’s travel to Michigan during the pendency of a surrogacy pregnancy. Compassionate or altruistic surrogacy is permitted so long as it complies with the laws requirements

The Michigan Surrogate Parenting Act makes compensated surrogacy illegal. According to Michigan's Surrogate Parenting Act (MCL Section 722.851), all surrogacy contracts, agreements, or arrangements "void and unenforceable as contrary to public policy." Moreover, surrogacy contracts involving compensation are susceptible to criminal penalties.

According to MCL Section 722.859, taking part in a compensated surrogacy contract can result in a misdemeanor or felony charge for participating parties in Michigan, punishable by up to one year in jail and a $10,000 fine. Organizing or assisting such an illegal contract is a felony punishable by up to five years in prison and a $50,000 fine.

  1. A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.
  2. A participating party other than an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability who knowingly enters into a surrogate parentage contract for compensation is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or both.
  3. A person other than a participating party who induces, arranges, procures, or otherwise assists in the formation of a surrogate parentage contract for compensation - is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

For personalized legal advice and assistance, consult with a reputable reproductive law attorney in Michigan.

DISCLAIMER: The information in this blog does not constitute legal advice and should not be construed as such. The information contained is strictly for informational purposes only. ConceiveAbilities does not represent or warrant the content to be error-free.