Michigan Family Protection Act

On April 1, 2024 Michigan Gov. Gretchen Whitmer signed the Michigan Family Protection Act, critical  legislation that makes it possible for more Michiganders to fulfill their dreams of creating a family and ensures all families are legally protected and treated equitably regardless of how they are formed. 

The Michigan Fertility Alliance led a grassroots citizens’ effort to pass the Michigan Family Protection Act. The coalition includes Michiganders from all walks of life, including families and individuals impacted by infertility, LGBTQ+ families, people who have acted as surrogates to help others build their family, as well as fertility health care providers and family advocacy organizations including Mothering Justice and GLBTQ Legal Advocates & Defenders. 

At a time when both reproductive rights and legal recognition for LGBTQ+ parents and families are being threatened and restricted around the country, this victory for families should inspire other states to follow suit.

The Michigan Family Protection Act will take effect 90 days after the end of the 2024 legislative session. The approximate effective date is March 2025.

Current Status of Surrogacy in Michigan, so you know

Contractual compensated surrogacy is still illegal in Michigan until the new Michigan Family Protection Act takes effect. This section describes surrogacy in Michigan as it stands before the MFPA takes effect.

Surrogacy in Michigan has experienced unique challenges due to the 1988 Surrogate Parenting Act, and has been an outlier in regards to surrogacy in the United States.

—Surrogacy contracts are not recognized in Michigan. Michigan is one of only two states in the U.S. where contracts were not recognized. Contracts drawn up between the intended parents and gestational carrier, each with their own attorney, are not legally recognized in Michigan courts and do not provide contractual protection to either party or the child.

—A loophole in the 1988 law allows for “altruistic” or non-compensated surrogacy but does not provide legal language for securing the rights of parents or contractual legal protection. The law assumed that those who are unable to carry a pregnancy have access to a woman willing to act as their gestational carrier without compensation and will be medically and psychologically approved to do so.

—Michigan was the first state in the U.S. to make participating in a compensated surrogacy contract illegal. It has been the only state in the U.S. where those participating in a compensated surrogacy contract could face hefty fines and jail time.

—Those who used a non-compensated carrier in Michigan could be forced to adopt their biological children because their pre-birth rights to their children are being denied. While judges have awarded parentage rights to intended parents, that outcome was not guaranteed. Also, the current law provides no legal safeguards for those acting as surrogates.

—That is why the MFA actively advocated for inclusive pro-family surrogacy legislation. The new law legally recognizes a surrogacy contract, provides a clear pathway to legal parentage rights to a child born via surrogacy, and allows for payment of consideration and reasonable expenses.

Our mission has been to inform, educate, and work towards the day when all Michiganders have access to surrogacy as a treatment option for their infertility. We are thankful that the legislature and the Governor have passed this new law.

Please visit our MI Surrogacy FAQs page to learn more about surrogacy in Michigan.