Everything you need to know about third-party assisted reproduction law in Michigan, including surrogacy, egg donation, sperm donation, and embryo donation.
By Alex Monk, Reproductive Lawyer at Klein Fertility Law
Key Legal Requirements for Surrogacy in Michigan
- A written surrogacy agreement must be signed by all parties prior to a medical procedure in relation to the surrogacy agreement, other than a medical evaluation and mental health consultations.
- All parties to the Surrogacy Agreement must be at least 21 years old.
- Each intended parent, the surrogate, and her spouse, if any, must enter into the Surrogacy Agreement.
- All parties to the Surrogacy Agreement must undergo a mental health consultation with a Michigan-licensed provider.
- At least one Party to the Surrogacy Agreement must be a resident of Michigan or the birth and assisted reproduction occurred in Michigan.
- All parties must have independent legal representation of their choice by an attorney licensed in Michigan.
- The Surrogacy Agreement must be signed in the presence of a notary public.
- Pre-birth parentage orders are permitted for both genetic and non-genetic intended parents.
- Pre-birth parentage orders are permitted for intended parents regardless of sexual orientation, marital status, or genetic connection.
Michigan Surrogacy Law: What You Need to Know
Michigan is an extremely surrogacy friendly state in which to pursue your journey. Michigan surrogacy laws provide a clear framework for intended parents, surrogates, and donors to engage in surrogacy arrangements with confidence.
Michigan Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Permitted |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted |
| Surrogacy Agreement | Must be in writing prior to any medical procedure occurring related to the surrogacy agreement, other than medical evaluation and mental health consultation. The Agreement must be signed in the presence of a notary public. |
| Legal Representation | Independent legal representation from a Michigan-licensed attorney required for all parties during the contract phase |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for pre-birth parentage orders |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate & will be available roughly 5-8 days post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 3-4 weeks post-birth |
Establishing Parentage Through Surrogacy in Michigan
Michigan is a surrogacy-friendly state, and the legal process for establishing parental rights is straightforward. Governed by The Michigan Family Protection Act, in Michigan the surrogacy process for both surrogates and intended parents is regulated by statute.
In Michigan, parentage in a surrogacy arrangement is typically secured before the child's birth through the execution of a pre-birth parentage order. This legally binding court order is signed by a judge and officially establishes that the intended parent(s) is the child's legal parent(s) prior to the birth of the child.
The Role of Surrogacy Attorneys
Surrogacy attorneys in Michigan play a vital role in the surrogacy process by drafting legally enforceable contracts that address critical issues and contingencies. These attorneys possess in-depth legal expertise and ensure compliance with state surrogacy laws. They act as advocates, protecting the rights and interests of all parties involved, and are instrumental in conflict resolution if issues arise. Additionally, surrogacy attorneys stay current with evolving laws to maintain legal compliance throughout the surrogacy journey. Get the legal support you need to start your surrogacy journey today. Contact us for a consultation
At Klein Fertility Law, our surrogacy attorneys ensure all legal requirements are met during your surrogacy journey. The process of surrogacy in Michigan involves several key steps:
Preparing mentally, emotionally, and financially for your surrogacy journey requires an immense amount of research. Consulting with an attorney that specializes in surrogacy offers invaluable guidance and support that will help build your roadmap to parenthood. In addition to assisting in building your roadmap to parenthood, your assisted reproduction attorney will ensure that you understand all legal aspects of surrogacy in the United States and address any concerns.
Egg Donation Law in Michigan
Michigan laws don’t comprehensively address egg donation but Michigan law does define a donor as an individual who provides gametes intended for use in assisted reproduction. Egg donors typically relinquish all parental rights to any child born from their donation through a legal contract. Since the legal landscape surrounding egg donation in Michigan is complex, it is crucial that you speak with a lawyer licensed in Michigan to safeguarding the interests of intended parents, donors, and the resulting children.
Sperm Donation Law in Michigan
Michigan law recognizes that sperm donors are not the legal parents of a child conceived through their donation. Like egg donors, sperm donors typically relinquish all parental rights to any child born from their donation through a legal contract. Michigan law does require that all sperm donors submit to certain health testing prior to their donation. It is crucial that you speak with a lawyer licensed in Michigan to safeguard the interests of intended parents, donors, and the resulting children.
Embryo Donation Law in Michigan
Since Michigan law does not have specific legislation comprehensively addressing embryo donation, it is imperative to enter into a legal agreement to establish the rights and responsibilities of the embryo donors and recipients. Typically all parties provide informed consent regarding the donation and any future decisions related to the embryo (e.g., storage, use, disposal). It is crucial that you speak with a lawyer licensed in Michigan to safeguard the interests of intended parents, donors, and the resulting children.
The Role of Assisted Reproduction Attorneys in Egg, Sperm, and Embryo Donation
An assisted reproduction attorney plays a key role in simplifying the egg, sperm, and embryo donation processes. They provide expert guidance in drafting legally sound contracts, ensuring that the rights and obligations of all parties involved are clearly defined and protected.
Same-Sex and LGBTQ+ Assisted Reproductive Law in Michigan
Michigan same-sex and LGBTQ+ individuals have the same rights and protections under Michigan surrogacy and any donation law as heterosexual couples and individuals.
Key aspects of LGBTQ+ reproductive law in Michigan include:
Michigan Reproductive Law FAQ
Surrogacy attorneys like those at Klein Fertility Law establish and protect the rights of all parties involved in the family-building process. We ensure legal compliance, manage trust accounts, and advocate for your interests.
About Klein Fertility Law
Klein Fertility Law has been representing clients in assisted reproduction law matters since 1987. During that time, our firm has witnessed the rapid advancement of medical technology and the steady acknowledgement of the need for this legal service by courts and legislatures throughout the United States. Now a nationwide law firm, every year, Klein Fertility Law represents over a thousand intended parents, surrogates, as well as recipients and donors of eggs, sperm, and embryos.
We are uniquely positioned to handle any third-party assisted reproduction matter throughout the U.S. and we are proud to assist with the creation of loving, happy families. We assist clients from all over the world, regardless of background, relationship status, sexual orientation, or citizenship. From our infancy in 1987 to today, we have matured into an experienced industry leader in fertility law, and we are here to help you grow your family.
Klein Fertility Law is a trusted source for comprehensive guidance on reproductive law in Michigan. Our practice is dedicated to helping individuals and couples navigate the intricate legal landscape of family-building through surrogacy, egg donation, sperm donation, and embryo donation.
Reproductive law encompasses a wide spectrum of legal considerations, with surrogacy being a prominent focus. While our primary emphasis is on surrogacy, we also specialize in providing expert legal counsel for all facets of fertility law, including genetic donation.
Choose Klein Fertility Law as Your Reproductive Lawyer in Michigan
When it comes to navigating the complexities of third-party assisted reproduction law in Michigan, Klein Fertility Law stands as your trusted partner. With a deep understanding of surrogacy, genetic donation, and LGBTQ+ family-building, our experienced attorneys ensure that your journey is legally sound, transparent, and fully protective of your rights and interests.
Our commitment to inclusivity, legal expertise, and personalized support makes us the top choice for individuals and couples seeking to expand their families through assisted reproduction in Michigan. Contact us today to embark on your path to parenthood.