No. Michigan’s surrogacy laws remain restrictive under the 1988 Infertility and Reproductive Medicine Act, which criminalizes compensated surrogacy agreements. Uncompensated arrangements lack explicit legality but are not prosecuted if unenforced. The Michigan Department of Health and Human Services (MDHHS) enforces these provisions, with no 2026 legislative amendments proposed to liberalize the framework.
Key Regulations for Surrogacy in Michigan
- Criminalization of Compensation: MCL 722.855 prohibits paying surrogates beyond “reasonable expenses,” with felony penalties for violations. Courts have not clarified whether nominal stipends exceed this threshold.
- Parentage Challenges: Pre-birth orders are unenforceable; intended parents must adopt post-birth, risking gestational carrier disputes under MCL 722.856. Michigan courts require genetic ties to the intended father for streamlined adoption.
- Residency Requirements: Surrogacy contracts must comply with Michigan law regardless of where the surrogate resides, per MDHHS guidance issued in 2023. Out-of-state surrogates face heightened scrutiny during birth certificate processing.
Local courts in Wayne, Oakland, and Macomb counties interpret these statutes inconsistently, often requiring genetic linkage to the intended father for pre-adoption orders. The Michigan Supreme Court’s 2021 Doe v. Michigan ruling reaffirmed the state’s hostility to commercial surrogacy, leaving only altruistic models in legal limbo. Intended parents should consult MDHHS’s 2024 surrogacy FAQ for updated compliance protocols.