In a historic move, Michigan has officially lifted its decades-old ban on compensated surrogacy, marking a significant shift in reproductive rights and family-building options within the state. The Michigan Family Protection Act, a comprehensive legislative package, went into effect on April 1, 2025, repealing the 1988 Surrogate Parenting Act that had criminalized surrogacy contracts for over 36 years.

Under the new law, adults aged 21 and older can now enter into legally recognized surrogacy agreements in Michigan. These agreements must include provisions for fair compensation, independent legal representation for all parties, and thorough medical and mental health evaluations. Additionally, surrogates retain autonomy over their healthcare decisions throughout the pregnancy.

This legislative change not only decriminalizes surrogacy but also provides a clear legal framework that protects the rights and responsibilities of intended parents, surrogates, and the children born from these arrangements. It ensures that families formed through assisted reproductive technologies, such as in vitro fertilization (IVF), are granted the same legal recognition and protections as those formed without assisted reproductive technology.

The journey to this legislative milestone has been deeply personal for many Michigan families. Tammy and Jordan Myers, for instance, had to adopt their biological twins born via surrogacy in 2021 due to the previous legal restrictions. Their prolonged legal battle highlighted the urgent need for reform. With the enactment of the Michigan Family Protection Act, families like the Myers can now pursue surrogacy without facing unnecessary legal hurdles.

Michigan’s decision to legalize compensated surrogacy positions it alongside other states that support diverse family-building options. This move is particularly significant given the recent national discourse on reproductive rights, where some states are enacting more restrictive measures. By contrast, Michigan’s legislation affirms the state’s commitment to reproductive freedom and equality for all families, including LGBTQ+ couples and individuals facing infertility challenges.

The Michigan Family Protection Act not only removes previous barriers but also provides a legal structure that safeguards the interests of all parties involved in the surrogacy process, and the legalization of compensated surrogacy in Michigan represents a significant advancement in reproductive rights and family-building options.

At The Surrogacy Law Center, we are committed to guiding our clients through the evolving legal landscape of assisted reproduction. Contact us today to schedule a consultation!