Michigan underwent a transformation in surrogacy laws, evolving from the nation’s most restrictive state to one of its most inclusive. The historic Assisted Reproduction and Surrogacy Parentage Act (Michigan Family Protection Act) took effect April 1, 2025, making Michigan a fully surrogacy-friendly state with comprehensive LGBT surrogacy laws that protect all families regardless of marital status, sexual orientation, or genetic connection.

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This groundbreaking legislation eliminated the criminal and civil bans that previously made Michigan the only state where surrogacy contracts were completely prohibited. Same-sex couples can now pursue surrogacy with full legal protections and streamlined processes that rival the most progressive states.

Can same-sex couples get pre-birth orders in Michigan?

Yes, under Michigan’s new surrogacy laws, both married and unmarried LGBTQ+ couples can obtain pre-birth orders regardless of whether they have a genetic connection to the child. This represents a complete 180-degree shift from Michigan’s previous position as the most restrictive state in the nation.

The Assisted Reproduction and Surrogacy Parentage Act ensures that intended parents can be automatically recognized as the legal parents of a child born through surrogacy, with their names placed on the birth certificate without requiring a post-birth adoption process.

Key Requirements for Pre-Birth Orders:

• Both intended parents and surrogate must be at least 21 years old
• Mental health evaluations required for all parties
• Independent legal representation required throughout the entire process
• Surrogacy agreement must comply with statutory requirements
• Attorney certifications required for court approval

The LGBT surrogacy laws in Michigan now provide equal access to pre-birth orders for all family structures, making the state especially significant for LGBTQ+ individuals and couples who previously had no legal surrogacy options.

Does the non-biological parent get automatic recognition?

Under Michigan’s updated surrogacy laws, non-genetic parents receive full legal recognition without additional adoption procedures when proper pre-birth orders are obtained. The Act explicitly states that intended parents do not need a genetic connection to the embryo to establish legal parentage.

For same-sex couples using donor eggs or sperm, both parents will be recognized as legal parents from birth. The surrogate (gestational carrier) and any donor are both excluded as legal parents under the act, providing clear legal certainty for intended parents.

Legal Protections for Non-Genetic Parents:

• Automatic legal recognition through pre-birth orders
• No genetic connection requirement for legal parentage
• Equal rights to medical and educational decision-making
• Full inheritance rights for children
• Custody protections in case of relationship dissolution

This advancement in LGBT surrogacy laws eliminates the uncertainty and legal vulnerability that previously plagued non-biological parents in same-sex relationships.

What If We’re Not Married?

Michigan’s surrogacy laws explicitly provide equal protections for unmarried couples. Both partners in an unmarried same-sex relationship can be named as legal parents through pre-birth orders.

What about single LGBT individuals?

Michigan law explicitly supports single parents pursuing surrogacy, regardless of sexual orientation. Single intended parents have equal access to all surrogacy protections and can establish legal parentage through the same pre-birth order process available to couples.

The new surrogacy laws ensure that single LGBTQ+ individuals face no additional barriers or discriminatory requirements based on their sexual orientation or relationship status.

Process for Single LGBT Parents:

• Same legal requirements as couples (21+ years old, mental health evaluation, legal representation)
• Pre-birth orders available regardless of genetic connection
• Equal access to all parentage establishment methods
• No discriminatory requirements based on sexual orientation
• Full legal protections from birth

How Will Our Names Appear on the Birth Certificate in Michigan?

While Michigan’s new LGBT surrogacy laws guarantee that both intended parents will be named on the child’s birth certificate, the specific terminology (such as “Parent and Parent,” “Mother and Mother,” or “Father and Father”) is still being clarified as the law takes full effect.

What is certain is that both same-sex parents will have equal recognition on official birth documents, eliminating the previous uncertainty where surrogates were listed until adoption procedures were completed.

How Long Will It Take?

Since these new surrogacy laws have only recently taken effect, the timeline to receive birth certificates is unknown and may be unpredictable.

Is adoption still required?

Under Michigan’s new LGBT surrogacy laws, second parent adoptions are generally no longer required when proper pre-birth orders are obtained. The act specifically eliminates the need for post-birth adoption procedures by providing immediate legal recognition for intended parents.

However, some families may still choose adoption for additional legal security, particularly if they plan to move to less LGBT-friendly states or travel internationally.

How Surrogacy Contracts Protect LGBT Parents in Michigan

Michigan’s surrogacy laws require comprehensive Gestational Carrier Agreements (GCAs) that provide extensive protections for LGBT intended parents. These agreements must meet specific statutory requirements to be valid and enforceable.

Essential Contract Protections:

• Clear establishment of intended parents as legal parents
• Decision-making authority during pregnancy
• Compensation structure and expense reimbursements
• Medical decision-making protocols
• Communication boundaries and expectations
• Termination clauses and procedures

Legal Requirements:

• Independent legal representation for all parties (paid by intended parents)
• Mental health evaluations for all parties
• Compliance with statutory age and evaluation requirements
• Attorney certifications for court approval

The Act ensures that surrogacy agreements are valid and enforceable, providing security that was completely absent under Michigan’s previous prohibitive laws.

Why Work With a Surrogacy Agency If You’re an LGBT Couple in Michigan

Given Michigan’s recent transformation from prohibitive to progressive LGBT surrogacy laws, experienced agencies provide crucial guidance through this new legal landscape. Agencies with LGBT expertise understand both the opportunities and potential challenges in navigating Michigan’s evolving framework.

Key Agency Benefits:

• Expertise in new Michigan laws and evolving regulations
• LGBT-supportive matching with experienced surrogates
• Legal coordination with qualified Michigan attorneys
• Comprehensive support through unprecedented legal changes
• Crisis management for any unexpected issues
• Network of professionals familiar with LGBT family-building

Michigan’s transformation makes it especially important to work with agencies that understand both the new legal protections and the practical implementation of these groundbreaking gay surrogacy laws.

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Finding an LGBT-Friendly Surrogacy Attorney in Michigan

Michigan’s new LGBT surrogacy laws require specialized legal expertise to navigate the state’s transformed legal landscape. Here are qualified attorneys with experience in LGBT family building and Michigan surrogacy law:

• Ellen Essig – The Family Law & Fertility Law Group (Cincinnati, OH, licensed in Michigan) – American Academy of Assisted Reproductive Technology Attorneys (AAAA) Fellow. Founding partner specializing in assisted reproduction, LGBTQ+ family formation, gamete donation and surrogacy.
• Beverly J. Cox – Law Office of Beverly J. Cox (Toledo, OH, licensed in Michigan and Ohio) – AAAA member who has guided clients through assisted reproduction since 2007. Extensive experience with LGBT family building.

Ready to take advantage of Michigan’s new protections?

Michigan’s historic LGBT surrogacy laws have created an unprecedented opportunity for same-sex couples to build families with comprehensive legal security that was previously impossible in the state.

Your Next Steps:

1. Connect with experienced agencies familiar with Michigan’s new legal framework
2. Consult with qualified attorneys specializing in Michigan surrogacy law
3. Complete required evaluations (mental health and medical assessments)
4. Begin surrogate matching with agencies experienced in LGBT family building
5. Develop legal agreements compliant with Michigan’s new statutory requirements

Michigan’s transformation from the most restrictive to one of the most inclusive states for gay surrogacy laws represents a monumental opportunity for LGBT families. The Assisted Reproduction and Surrogacy Parentage Act provides protections that rival the most progressive states while eliminating the legal uncertainties that previously made surrogacy impossible.