Fertility Law Attorneys Help You Create Your Family

Compassionate advice about growing your northern Michigan family

Scientific advances have created new options for would-be parents, including in vitro fertilization (IVF), embryo adoption, gestational carriers, traditional surrogacy, and egg and sperm donations. The Phelps Legal Group has handled hundreds of such cases in Michigan and throughout the United States. We represent individuals, families, medical practices, adoption agencies and social service agencies. We apply our years of experience to guide you through the process.

How do embryo, egg or sperm donations work?

Embryos, eggs and sperm are donated to medical facilities or directly to individuals or couples. Embryo, egg and sperm donations can come from friends, anonymous strangers or family members.

  • Embryo donation — You may seek an embryo donation to use yourself in an IVF procedure or to implant in a surrogate.
  • Egg donation — You may seek an egg donation to use yourself in an IVF procedure or to implant in a surrogate.
  • Sperm donation — You can use a sperm donation for an insemination procedure or with a surrogate.

Donors sign contracts giving up all parental rights. The child is the legal child of the intended parent or parents. It is important that all the documents be prepared in accordance with the applicable laws so everyone’s rights are protected. Our attorneys understand the complex legal and ethical issues that arise in this process.

Does Michigan law restrict surrogacy?

Michigan law currently prohibits compensated surrogacy, though reasonable reimbursements for actual costs incurred solely as a result of the pregnancy can be allowed. It also currently provides that surrogate parentage contracts are void and unenforceable. In April 2024, a new law was signed which is anticipated to become effective around the end of March 2025. The new Assisted Reproduction and Surrogacy Parentage Act provides authority for Michigan Court's to enter orders establishing legal parentage in cases involving the use for assisted reproduction technology and in surrogacy situations, it also allows for "payment of compensation, support and reasonable expenses" as well as reimbursement of specifically agreed-on expenses if the agreement is terminated. It also requires that each party in such situations have their agreement formalized in a written agreement or contract, and that each party be represented by independent legal counsel.

As the current law remains in effect until the end of March 2025, persons building their family in this manner must be sure not to violate the prohibitions of the current law while it remains in effect. Altruistic surrogacy remains legal in Michigan during this transition period.

  • Traditional surrogacy is a pregnancy in which the surrogate’s egg is used. Sperm from the intended parents or another donor is used to fertilize the egg. The surrogate carries the baby to term and then relinquishes all rights to the child.
  • Gestational surrogacy occurs when the surrogate is not biologically related to the child. An embryo is implanted in the surrogate, who then carries the baby to term and has no rights to the child.

The Phelps Legal Group guides you through this complicated area of law. One of our attorneys has a Master’s Degree in Bioethics focusing on fertility law. We are on the cutting edge of reproductive technology and fertility law.

Talk to us about your fertility law issues today

Our attorneys are experienced in fertility law. Call the Phelps Legal Group today at 231-421-6577 or use our online contact form to schedule a time to discuss your options. Our Traverse City office is on the corner of Grandview Parkway and M-72.

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“Eric is very competent, always prepared, and a zealous advocate.”
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