For many years, Michigan had some of the most restrictive surrogacy laws in the country. Intended parents often had to look outside the state to pursue surrogacy because compensated agreements were not only unenforceable but also criminalized. That landscape has changed dramatically with the passage of the Michigan Assisted Reproduction and Surrogacy Parentage Act.
Today, you have a clear pathway to build your family through assisted reproduction within the state. If you are ready to rely on assisted reproductive technology (ART) to grow your family, reach out to a dedicated ART attorney today.
The Assisted Reproductive and Surrogacy Parentage Act Act (often referred to as the ARSPA) is a comprehensive reform of the state’s laws that cover ART and surrogacy. This was enacted to modernize Michigan’s approach to surrogacy, which had been unreasonably restrictive in the past.
Under the ARSPA, surrogacy agreements are now legally recognized and enforceable, provided certain statutory requirements are met. The law sets out eligibility standards for surrogates and intended parents, establishes required contract provisions, and creates a clear process for obtaining parentage orders before or shortly after birth.
Importantly, the Act also aligns Michigan law more closely with other states that already recognize gestational surrogacy. Instead of forcing families to navigate legal gray areas or cross state lines, the ARSPA provides safe, reliable options for Michigan residents.
ARSPA did more than tweak existing rules. It fundamentally reversed Michigan’s prior position and replaced it with a comprehensive statutory scheme.
Before ARSPA, compensated surrogacy agreements in Michigan were not only unenforceable but could expose participants to criminal penalties. This created enormous uncertainty and discouraged families from pursuing surrogacy within the state.
The Act eliminated those criminal penalties and expressly permits compensated gestational surrogacy agreements. As long as the agreement complies with the law, surrogates may be compensated legally. This single change has had a dramatic effect on how families use ART moving forward.
Under ARSPA, gestational surrogacy agreements are legally enforceable if they meet specific conditions. The statute outlines who may serve as a surrogate, including age and prior childbirth requirements, and mandates that all parties enter into the agreement voluntarily.
The law also requires independent Michigan-licensed legal counsel for both the surrogate and the intended parents. This ensures that each party understands their rights and obligations before signing.
In addition, ARSPA outlines rights and responsibilities for anyone serving as a surrogate. Under the law, surrogates retain control over their own health care decisions during pregnancy, and agreements cannot require them to undergo medical procedures against their will. This provides surrogates with important body autonomy while still allowing for legal surrogacy agreements.
Beyond surrogacy, ARSPA modernizes how Michigan recognizes children conceived through assisted reproduction. It clarifies that intended parents in qualifying arrangements are recognized as legal parents, instead of forcing them to first go through an administrative process after the child is born.
ARSPA represents a decisive shift toward allowing for more options when it comes to having children. For intended parents, it provides a legal path to parenthood through ART. For surrogates, it provides defined rights and the ability to secure compensation. If you are exploring surrogacy, now is a good time to have a discussion with an attorney who understands this process. Reach out to TR Law Offices today to learn more.
