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Michigan Passes Bill to Legalize Paid Surrogacy

By Lindsey A. DiCesare posted 06-06-2024 08:44


On April 1, 2024, the Michigan Family Protection Act passed in Michigan legalizing paid surrogacy. 2024 PA 24. Michigan previously had a criminal ban on compensated surrogacy. The ban on paid surrogacy is now lifted and standards will be put into place to protect biological parents, the surrogate, and the child. Standards include the following:

  • A surrogate must be at least 21 years old, have undergone a medical evaluation and a mental health consultation, and have previously given birth to at least one child.
  • An intended parent (or parents) must be at least 21 years old and have a mental health consultation.
  • The surrogate and the intended parent (or parents) must each have independent legal counsel.

A surrogacy agreement would include payment, compensation, support, and reasonable expenses. 2024 PA 24 details the requirements for the surrogacy agreement between the intended parents and surrogate, including the following:

  • At least one party is a Michigan resident, the birth will occur in Michigan, or the assisted reproduction performed under the agreement occurred in this state.
  • The surrogate and each intended parent meet the standards discussed above.
  • Each intended parent, the surrogate, and the surrogate’s spouse (if applicable) are all parties to the agreement and have signed the agreement in the presence of a notary.
  • The intended parent (or parents) must pay for independent legal representation for the surrogate.
  • The agreement is executed before a medical procedure occurs related to the surrogacy agreement.
  • The surrogate must agree to attempt to get pregnant via assisted reproduction.
  • The surrogate and their spouse or former spouse (if applicable) have no claim of parentage of the child conceived via assisted reproduction under the surrogacy agreement.
  • The intended parent (or parents) will cover all agreed-on expenses of the surrogate, the assisted reproduction expense, and the medical expenses for the surrogate and the child.
  • The surrogate can make all health and welfare decisions regarding the surrogate and the pregnancy and can choose their own health care practitioner.

2024 PA 24 also updates the law to provide better access to fertility health care and safeguards for parents of children born through assisted reproductive technology in Michigan.