Is surrogacy legal in Michigan?
Yes. Compensated gestational surrogacy became legal in Michigan in April 2025. The change came under the Michigan Family Protection Act. Before it, Michigan was one of the most restrictive states in the country: paid surrogacy contracts were void, and arranging one carried criminal penalties.
For intended parents and surrogates, that means Michigan is now a state where a compensated gestational surrogacy agreement can be signed, funded and enforced, and where the intended parents can be named as legal parents through a court order. It also means the law is new. Attorneys and courts have less history to draw on than in a state like Illinois, where the statute dates from 2005. Choosing an attorney who has already filed parentage orders under the new law matters.
| Michigan at a glance | |
|---|---|
| Legal basis | Michigan Family Protection Act, in effect April 2025 |
| Status | Legal since April 2025 under the Michigan Family Protection Act; previously restricted |
| Parentage method | Pre-birth parentage order available statewide under the Act |
| Who can be an intended parent | Intended parents regardless of marital status, sexual orientation or genetic connection |
| Surrogate requirements | Under the Act: at least 21, has given birth before, completed medical and mental-health evaluations, independent counsel. PLS requirements also apply |
| Compensation permitted | Yes, since April 2025 |
| PLS recruits here | Yes, since 2025; same compensation as Illinois |
Reviewed by counsel [name], [date].
What law governs surrogacy in Michigan?
The Michigan Family Protection Act governs gestational surrogacy in Michigan. Under it, a gestational surrogacy agreement is enforceable when the surrogate is at least 21, has given birth before, has completed medical and mental-health evaluations, and both sides have independent legal counsel.
The Act replaced Michigan's earlier law, under which paid surrogacy contracts were void and arranging one could lead to criminal penalties. Families who looked at Michigan before 2025 and were told it was not an option should look again, with current advice. Surrogates who live in Michigan and wanted to carry for another family, but could not under the old law, can now apply.
The Act's conditions line up closely with how PLS already works. Every PLS surrogate has her own independent attorney, paid by the intended parents through escrow. Every surrogate completes a psychological evaluation by an independent licensed professional and medical screening at the intended parents' clinic. See the state-by-state surrogacy law overview for how Michigan compares with its neighbors.
How is parentage established in Michigan: pre-birth or post-birth?
Michigan courts now issue pre-birth parentage orders to intended parents under the Act. The order is available statewide, regardless of marital status, sexual orientation or genetic connection.
A pre-birth order names the intended parents before delivery, so the hospital can list them on the birth certificate and release the baby to them without a later court step. Your attorney files the petition during the pregnancy and coordinates with the delivering hospital.
Because the law is new, ask your attorney how many Michigan parentage orders they have filed under the Act and how long the process has taken in the county where your surrogate will deliver. For a plain explanation of the two routes, see pre-birth versus post-birth parentage orders.
Who can be an intended parent in Michigan?
Under the Act, intended parents can be married or unmarried, of any sexual orientation, and with or without a genetic connection to the baby. A Michigan attorney will confirm the path for your family.
PLS works with intended parents across the US and abroad. If you already have a surrogate, such as a friend or relative in Michigan, PLS can manage the journey without matching under its Cycle Management program. The proposed Cycle Management fee is $15,000, or $12,500 for military families.
International intended parents should plan for citizenship and travel documents for the baby. A federal executive order of August 6, 2026, on citizenship for children born through compensated surrogacy to two non-citizen parents is under litigation. Status as of [date], reviewed by counsel.
Who can be a surrogate in Michigan?
To apply with PLS you must be:
- 21 to 43 years old
- A US citizen or permanent resident
- At a BMI under 33
- Someone who has had at least one healthy full-term pregnancy and is raising a child now
- A non-smoker
- Not receiving government assistance
- Living in a stable home
- Not currently taking antidepressants
The Act's own conditions, at least 21, a prior birth, medical and mental-health evaluations and independent counsel, are all met by the PLS requirements and screening.
Screening has seven steps: an online application, an interview with a case manager, a medical records review by Mark Silverberg, DDS, MD, a background check, an insurance review, a psychological evaluation by an independent licensed professional, and medical screening at the intended parents' clinic. If you are a Michigan surrogate, see surrogate compensation in Michigan.
How does PLS work with Michigan surrogates and parents?
Private Label Surrogacy is based in Northbrook, Illinois. PLS began accepting Michigan surrogate applications after the Act took effect in 2025, and pays Michigan surrogates the same compensation it pays in Illinois.
A Michigan journey runs the same way as any PLS journey:
- Matching. Nancy Block, RN, personally runs matching. Matching averages about 6 months; signing to surrogate introduction is about 9 months today, with a target of 6 or fewer.
- Legal and medical foundations. One to two months for attorneys on both sides, escrow funding and medical clearance.
- Medical cycle. Two to three months. The surrogate monitors at a clinic near home and travels to the intended parents' clinic for transfer. PLS works with 14 partner fertility centers, including Fertility Centers of Illinois, Kindbody, Shady Grove Fertility and Oregon Reproductive Medicine.
- Pregnancy and delivery. The pregnancy test comes 9 to 11 days after transfer. The surrogate delivers at her local hospital. The attorneys plan the parentage filing so the order is in hand before delivery, and the case manager makes sure the hospital has it.
The whole journey typically takes 18 to 24 months. Case managers Natalie Gaudio-Fricano and Jenni Symons, both former surrogates, carry the active matches.
What does a Michigan journey cost and how is money held?
A Michigan journey costs the same as any PLS journey. Because the Act is new, budget legal fees toward the middle or high end of the third-party range until local practice settles.
| Item | Amount | Paid to |
|---|---|---|
| PLS program fee | $35,000 currently; $42,000 proposed on new agreements (program fee: confirm current schedule) | PLS, in three installments |
| Surrogate compensation package | Typical total roughly $68,000 to $78,000, built on $60,000 base (proposed) | The surrogate, through escrow |
| Third-party costs | $15,300 to $29,000 | Attorneys, escrow, psychologist, background checks, insurance review, travel, monitoring |
| Surrogate health insurance, if needed | $5,000 to $40,000 | The insurer |
| IVF and clinic fees | Set by your clinic | Your clinic, directly |
| Typical total journey | $150,000 to $200,000 |
Every dollar for the surrogate and third parties is held by an independent licensed escrow agent, not by PLS. You fund $10,000 at match and the balance before medications start, and you may choose your own escrow company. Before match, an insurance review tells you whether the surrogate's plan covers the pregnancy, so the insurance line is known before you commit. See the full surrogacy cost breakdown.
Sources
- Michigan Family Protection Act, in effect April 2025. Pending review by counsel.
- Illinois Gestational Surrogacy Act (2005), for comparison. Pending review by counsel.
- Private Label Surrogacy program and compensation schedules, pending confirmation by Nancy Block, RN.