Michigan Surrogacy Attorney Helps You Start Your Family

Cutting-edge legal assistance with surrogacy in Traverse City

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.

The Phelps Legal Group in Traverse City has provided guidance to hundreds of singles and couples in Michigan and throughout the United States who enlarged their families through surrogacy. We are on the cutting edge of the technological, medical, ethical and legal developments relating to surrogacy.

What types of surrogacy are available?

Surrogacy is broken down into two basic categories:

  • Traditional surrogacy occurs when the surrogate is also the biological mother. Her egg is fertilized with sperm from the intended father or from a sperm donor. The surrogate carries the pregnancy to term, and then the baby joins the family of the intended parents.
  • Gestational surrogacy occurs when the surrogate is not biologically related to the embryo. An embryo is implanted in the surrogate, and she carries it to term. The intended parents become the baby’s legal parents.

Surrogacy is also categorized based on the financial arrangements:

  • Commercial surrogacy occurs when the surrogate is paid. 
  • Altruistic surrogacy occurs when the surrogate is not paid (but her medical and other expenses are likely reimbursed). Altruistic surrogacy is legal in Michigan.

The Phelps Legal Group is highly experienced in surrogacy law. Our attorneys help you make informed choices.

Talk to our attorneys about surrogacy in Michigan today

Our Traverse City attorneys are ready to help you expand your family. Call the Phelps Legal Group today at 231-421-6577 or contact us through our online contact form. We have flexible office hours so we can meet with you at your convenience.

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