On November 28, 2023, Governor Gretchen Whitmer signed into law a groundbreaking legislative package—collectively known as the Michigan Family Protection Act (House Bills 5207–5215)—that decriminalizes compensated surrogacy and provides robust legal protections for in vitro fertilization (IVF). This represents a pivotal shift for Michigan. The Act is anticipated to go into effect in March of 2025.
Why This Matters
Michigan stood out for its 1988 law that made compensated surrogacy agreements a felony offense. Under the new legislation, surrogacy will be fully legal and regulated, freeing intended parents and surrogates from outdated criminal penalties.
Clear, Equitable Legal Protections
- Fair Compensation for Surrogates: Surrogates are now entitled to fair compensation for their time and commitment.
- Mandatory Legal Counsel & Medical Screening: Each surrogate must have independent legal representation and thorough medical/psychological evaluations before entering a contract.
- Secure Parental Rights: Intended parents can establish legal parentage from birth, eliminating the need for lengthy court proceedings or adoption processes after a child is born.
- Equal Treatment for LGBTQ+ Families: Same-sex couples and LGBTQ+ individuals gain streamlined pathways to secure their parental rights, even if they later move to states less supportive of LGBTQ+ family-building.
Reinforced Protections for IVF
Michigan’s new law goes beyond simply legalizing surrogacy. It also reinforces protections for IVF at a time when other states are considering tighter restrictions. This commitment to reproductive freedom ensures that IVF remains both valid and protected for anyone hoping to grow their family in Michigan.
Under the Michigan Family Protection Act, the state’s former ban on surrogacy contracts has been officially repealed. As part of this change, surrogates must now be fairly compensated and fully educated on all medical, legal, and financial considerations before entering a contract.
Another core component of this legislation allows intended parents to establish parental rights early in the pregnancy, ensuring their names appear on the birth certificate immediately after the child is born. These protections apply to all family types, including LGBTQ+ parents who previously had to navigate costly and time-consuming processes—like adopting their own child—to confirm legal parentage. Even if a family moves out of state, these parental rights and protections remain intact.
By removing unnecessary court hearings and procedural hurdles, the new law also helps Michigan families avoid the extra expense and stress of drawn-out legal proceedings.
For those beginning a surrogacy journey, these changes have very real, positive effects. Surrogacy contracts can be drawn up more straightforwardly with the help of a specialized attorney, clearly defining everyone’s roles, responsibilities, and financial obligations.
Both surrogates and intended parents now benefit from thorough medical and psychological screenings—reassuring everyone that they’re fully prepared for this life-changing endeavor. With compensation for surrogates clearly outlined, there’s greater transparency and peace of mind regarding expenses related to the pregnancy.
Most importantly, once the baby is born, intended parents are placed on the birth certificate without delay, eliminating the uncertainty once associated with establishing parental rights. Together, these provisions mark a new era in Michigan, where families can confidently pursue surrogacy or IVF, backed by clearer laws and stronger safeguards.
Abundant Beginnings Co.: Your Partner in Building Families
Abundant Beginnings Co. (ABC Surrogacy) was founded by Julie Allgood and Nicole Lawson, who collectively bring over 30 years of personal and professional surrogacy experience. Our mission is to guide both surrogates and intended parents through the family-building process with compassion, clarity, and expertise.
Why Choose Abundant Beginnings Co.?
- Holistic Support: From initial consultations and medical evaluations to legal contracts and emotional support, we’re here every step of the way.
- Deep Expertise: We’ve facilitated surrogacy journeys for hundreds of families worldwide, learning how to address the unique needs and challenges of each situation.
- Inclusive Philosophy: We support individuals and couples—whether heterosexual, LGBTQ+, single, or partnered—who dream of building a family.
- Personalized Matching: We carefully match surrogates and intended parents to ensure shared values, mutual trust, and a supportive environment for the entire pregnancy.
Frequently Asked Questions
1. Is surrogacy truly legal in Michigan now?
With the anticipated start of the Michigan Family Protection Act in March of 2025, the answer is yes! This Act officially decriminalizes surrogacy contracts, making Michigan a safe, supportive environment for intended parents and surrogates.
2. Does this law protect IVF as well?
Absolutely. The legislation affirms IVF as a valid and protected family-building option, ensuring that parents who need IVF can pursue it without fear of legal repercussions.
3. Are LGBTQ+ families fully covered under the new legislation?
Yes. The Act explicitly removes obstacles for LGBTQ+ families, streamlining the legal steps to confirm parental rights.
4. How do I get started?
If you’re ready to begin, reach out to Abundant Beginnings Co. for a consultation. We’ll help you understand every step of the process, from legal compliance to emotional support.
Ready to Start Your Surrogacy Journey?
Whether you are looking to be a surrogate or an Intended Parent, Abundant Beginnings Co. is here to guide you through every milestone—from drafting airtight legal agreements with experienced attorneys licensed in Michigan, to welcoming a newborn baby. Contact us today to learn more about how we can help bring your surrogacy dream to life.