Surrogacy in Michigan: Eligibility Requirements Under the 2024 Law

For those longing to become parents through surrogacy or considering the profound act of helping others achieve their dream of having a child, Michigan has opened new doors. With the passage of the Michigan Family Protection Act in 2024, the state has established a clear legal framework for surrogacy arrangements, providing a path forward for intended parents and surrogates alike.

Eligibility Requirements for Surrogates

At the heart of every surrogacy journey is a woman who selflessly dedicates herself to nurturing a child for someone else. To ensure the well-being of both the surrogate and the baby, Michigan’s new law sets forth several eligibility criteria:

• Surrogates must be at least 21 years old and have given birth to at least one child previously. These requirements prioritize the surrogate’s health and readiness for the physical and emotional aspects of pregnancy.
• Prospective surrogates must undergo comprehensive medical and mental health evaluations. These assessments ensure that the surrogate is physically fit for pregnancy and emotionally prepared for the surrogacy process.
• Surrogates must have independent legal representation, paid for by the intended parents. This safeguards the surrogate’s rights and interests throughout the journey.

Eligibility Requirements for Intended Parents

For those yearning to become parents through surrogacy, Michigan’s new law outlines several key requirements:

• At least one intended parent must be a Michigan resident, or the birth or assisted reproduction procedures must take place within the state.
• Intended parents must sign the surrogacy agreement along with the surrogate and her spouse, if applicable, prior to the start of any medical procedures.
• The intended parents must agree to cover the surrogate’s expenses, including all medical costs related to the pregnancy.

The Surrogacy Agreement: A Blueprint for the Journey

The surrogacy agreement serves as a roadmap, outlining the rights and responsibilities of all parties involved. Under Michigan’s new law, the agreement must include several key provisions:

• The surrogate retains the right to make all health and welfare decisions regarding the pregnancy.
• The surrogate has the freedom to choose her preferred health care practitioner.
• The agreement must clearly state each party’s right to terminate the arrangement under specific circumstances.

Legal Parentage: Clarity from the Start

One of the most significant aspects of Michigan’s surrogacy law is the clarity it provides regarding legal parentage. The intended parents are recognized as the child’s exclusive legal parents immediately upon birth. Pre-birth orders are permitted, establishing the intended parents’ legal rights even before the child’s arrival.

Protecting Surrogates: Compensation and Representation

Michigan’s law prioritizes the well-being and rights of surrogates. Surrogates are entitled to fair compensation for their incredible service. Additionally, the requirement for independent legal representation ensures that surrogates have an advocate solely dedicated to their interests.

As Michigan embarks on this new chapter in surrogacy, the Michigan Surrogacy Center stands ready to provide guidance, support, and expertise to intended parents and surrogates every step of the way. Whether you’re an intended parent eager to start your family or a compassionate woman considering becoming a surrogate, we invite you to reach out to us for personalized assistance as you navigate this transformative journey.