Michigan Makes History: A New Era for Surrogacy Begins April 1, 2025

For decades, Michigan stood as an outlier—one of the few states that voided surrogacy contracts and criminalized compensated surrogacy. Now, a groundbreaking transformation is set to rewrite the state's reproductive landscape.

Starting April 1, 2025, the Assisted Reproduction and Surrogacy Parentage Act (ARSPA)—also known as the Michigan Family Protection Act—will officially go into effect, ushering in a new era of hope, clarity, and legal protection for intended parents, surrogates, and reproductive professionals across the state.

The Dramatic Shift in Surrogacy Law

Michigan's previous legal framework was among the most restrictive in the nation. The old laws:

  • Banned enforceable surrogacy agreements

  • Left intended parents without clear legal rights

  • Forced many hopeful parents to seek surrogacy options out of state

For years, hopeful parents and generous surrogates had to navigate confusing, out-of-state legal systems just to make their dreams of family a reality. ARSPA changes that.

The new law represents a complete reversal, legalizing and comprehensively regulating both compensated and altruistic surrogacy.

Key Provisions of the New Law

Requirements for Intended Parents

  • Minimum age of 21

  • Mandatory mental health evaluations

  • Required independent legal representation

  • Ability to establish legal parentage before or after birth through court order

Requirements for Surrogates (Gestational Carriers)

  • Minimum age of 21

  • Must have given birth to at least one child

  • Mandatory medical and psychological screenings

  • Independent legal counsel (funded by intended parents)

  • Full healthcare decision-making authority during pregnancy

Gestational Carrier Agreements

  • Must be written, notarized, and completed before any medical procedures begin

  • To qualify under ARSPA, at least one of the following must apply:

    • One party is a Michigan resident

    • The birth is anticipated in Michigan

    • The assisted reproductive procedures will take place in the state

  • Comprehensive protection of rights and responsibilities for all parties involved

Why This Matters

This law represents more than just legal reform—it's a powerful statement of support for diverse family-building options. It provides:

  • Legal Certainty – Clear pathways for establishing parental rights

  • Emotional Security – Reduced stress and uncertainty for all involved

  • Professional Clarity – A defined legal framework for medical and legal professionals

"With ARSPA, Michigan is no longer a state of exclusion—it's a state of possibility."

Eliseo Arebalos