If you and your partner hope to start a family with the help of assisted reproductive technology (ART), you might not be sure where to start. You might also be a potential egg or sperm donor in need of sound advice about your legal rights. Either way, a lawyer with experience in assisted reproductive technology can help you navigate your path forward.

Assisted reproduction services can include egg, sperm, or embryo donation, along with surrogacy and other ways to start the journey of parenthood. Medical advances have helped create new ways to build families over the years and each state has its own set of laws applying to this technology. Those seeking to start a family or help others achieve their dreams of parenthood in Michigan can benefit from the guidance of an assisted reproductive technology (ART) lawyer.

What is Assisted Reproductive Technology (ART)?

Assisted reproductive technology (ART) includes fertility procedures and treatments in which pregnancy is achieved through successful handling of eggs and embryos. ART includes intrauterine insemination or may involve the surgical removal of eggs from the ovaries of a woman, then the combination of egg and sperm in a laboratory setting, in vitro fertilization.

Then, the fertilized egg would be returned to either the female patient or a surrogate (sometimes known as a gestational carrier). In vitro fertilization (IVF) is the most widely known type of ART. Egg and embryo freezing (cryopreservation) is another well known method of assisted reproductive technology.

Common procedures used in ART include:

  • Egg Donation: Egg donation is an act of kindness that can create an opportunity for others to build a family. Approved egg donors are usually matched with recipients and eggs are ultimately collected as part of the procedure.
  • Sperm Donation: Through sperm donation, a man can provide healthy sperm for use in IVF and other assisted reproduction procedures.
  • Embryo Donation: Sometimes, patients undergoing ART procedures will develop additional fertilized embryos that can be stored and donated to others in need.
  • Surrogacy: Through surrogacy, a woman can carry and deliver a child for a prospective parent who is unable to carry a child on their own, for any reason. Surrogate mothers are impregnated through the use of IVF and can carry a child for mothers with health concerns or a history of pregnancy loss, as well as same-sex couples.

What are Michigan’s Laws on Assisted Reproductive Technology?

Michigan law respects the legal rights of gestational surrogates and those involved in IVF and other ART procedures. In 2024, Michigan passed the Michigan Family Protection Act, which aimed to protect and support surrogates, families formed by IVF, and LGBTQ+ parents. Previously, Michigan was the only state in the nation to criminalize surrogacy contracts. Now, families can plan for their futures with far fewer legal obstacles.

Do I Need a Lawyer if I Am Considering Assisted Reproductive Technology?

Yes, Michigan law, as well as most states’ laws, require all parties have independent representation in the drafting and review of a gestational surrogacy agreement. Contracts help make sure parental rights are secured and avoid pitfalls once the baby is born. However, anyone entering a contract must make sure their rights as a parent, donor, or surrogate are fully protected. By turning to a lawyer with experience in both contract law and assisted reproductive technology, those involved in the ART process in Michigan can avoid future disputes and complicated legal issues.

Contact an Assisted Reproductive Technology Attorney with Assistance in Michigan Today

Whether you and your partner are hoping to start a family, you are a potential donor for prospective parents, or you want to volunteer as a gestational carrier, there will be documents and contracts to lay out expectations. A compassionate lawyer with experience in reproductive contract law in Michigan is available for guidance. Don’t hesitate to call TR Law Offices at your earliest convenience to schedule a consultation.