Michigan Legalizes Surrogacy!

Michigan makes history!  April 1, 2024 marks a monumental day as Governor Gretchen Whitmer officially legalizes and regulates surrogacy in Michigan. This is thanks to the Michigan Family Protection Act.  This law overturns the Surrogacy Parenting Act from 1988.  The Michigan Family Protect Act is comprised of nine bills—House Bills 5207 through 5215. Together, these bills support parents, children born through surrogacy or IVF, and LGBTQ+ parents who deserve to be treated equally. These bills will:

  • Legalize and regulate surrogacy, allowing Michiganders to have children in an environment that protects the children, the parents, and the surrogates.
  • Align with the best practices by ensuring that individuals who serve as surrogates are fairly compensated, have their own legal representation, and are screened by medical professionals before entering into an agreement.
  • Ensure children born by surrogacy and assisted reproductive technology (including IVF) are treated equally under the law.
  • Change outdated state law to treat LGBTQ+ families equally and eliminate the need for them to go through a costly and invasive process to get documentation confirming their parental status. Even if they move to a state that does not respect these basic rights, these bills help ensure they cannot be denied their relationship to their child.
  • Make it easier and cheaper for all Michigan families to get formal recognition of their parental relationship to their children.

This law opens doors for countless families longing to grow through surrogacy and assisted reproduction. It’s a win for reproductive rights, inclusivity, and the recognition of diverse family structures. This significant legislation ensures that regardless of how families are formed, parents have the necessary legal recognition over their children. From healthcare decisions to educational choices, parents now have the confidence and security of knowing their rights are protected by law. This milestone not only solidifies family bonds but also paves the way for a more inclusive and supportive society.

We want to acknowledge The Michigan Fertility Alliance for their unwavering commitment in bringing this bill to fruition.