In recent years, Michigan has taken a substantial step forward in removing legal barriers and simplifying the process of gestational surrogacy. Limitations on compensation surrogacy are reduced, and a new process is in place that allows the intended parents to establish parentage before the baby is born. State law requires legal representation by a Michigan licensed attorney to protect the rights of the intended parents, surrogate, and the resulting child.
When considering surrogacy, it is important to understand the different types of surrogates recognized under the law in Michigan. Each arrangement carries unique legal and personal considerations that affect how parentage is established.
A gestational surrogate carries a child conceived through in vitro fertilization using the intended parents’ or donors’ egg and sperm. The birth mother has no genetic connection to the baby. Under Michigan’s Assisted Reproduction and Surrogacy Parentage Act, gestational surrogacy agreements are permitted, provided they meet strict legal requirements. This is the most common type of surrogacy because it clearly separates the surrogate’s role as a carrier from any parental rights.
A traditional surrogate becomes pregnant using her own egg, making her the child’s genetic mother. Because of the complex emotional and legal issues this can create, traditional surrogacy is much less common. While state law does not prohibit it, additional safeguards and court processes are usually necessary to clarify parental rights.
State law allows both altruistic surrogacy, where a surrogate is reimbursed only for medical and related expenses, and compensated surrogacy, where she may also receive payment for her time and effort. Regardless of the type, legal counsel must ensure that surrogacy contracts comply with Michigan law to be valid and enforceable.
One of the biggest changes in recent years is that compensated surrogacy is no longer prohibited. Surrogates can now receive compensation for various reasons, starting with a base amount negotiated between the parties.
In addition to base compensation, the receiving parents must agree to cover reimbursable expenses, such as the surrogate’s independent legal counsel. The involved parties can also establish terms for the cost of any medical care or procedures that may be required during the course of the pregnancy.
It is important to understand that there is no standard rate or cost. The parties must come to an agreement and formalize the terms in a contract. Attorney Robins can help with clarifying this stage of the surrogacy process.
In Michigan, each party must have their own independent attorney in the preparation of the gestational surrogacy agreement. This agreement sets out all the expectations and terms between the parties, so it is vital to draft a document that is clear and viable under the law. These agreements should generally:
Every situation is different, but having a clear and concise surrogacy agreement is always in everyone’s best interest.
There are a lot of legalities to consider before the surrogacy process can begin. Whether you are the intended parent or a prospective surrogate, an attorney is critical to this process. A surrogacy contract lawyer could answer your questions about Michigan law and lead you through every step. Contact TR Law Offices today to learn how we could help.
