Michigan

Accepts / Does NOT Accept CA Judgment

Does NOT accept. NO CASES INVOLVING COMPENSATED SURROGACY PERMITTED!

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

No Out of State Judgment Acceptance

Two Bio Connections

No Bio Connections

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

ONLY UNCOMPENSATED ARRANGEMENTS- LEGAL UNCERTAINTY

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

 ✓* 

 ✓*

Two Bio Connections

 ✓*

No Bio Connections

Michigan law declares surrogacy contracts void and unenforceable and criminalized entering into, as well as “inducing, arranging, procuring or otherwise assisting in” a compensated surrogacy arrangement.

Surrogate Parenting Act Section 722.855:
A surrogate parentage contract is void and unenforceable as contrary to public policy.
Surrogate Parenting Act Section 722.857:
(1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability is the surrogate mother or surrogate carrier.
  (2) A person other than an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability who enters into, induces, arranges, procures, or otherwise assists in the formation of a contract described in subsection (1) 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.
Surrogate Parenting Act Section 722.859:
 (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.

Vital Records Information

Local Counsel

Beverly J. Cox
(419) 242-1400 (press 4,6)
[email protected]