Welcoming a child through surrogacy is a deeply personal and life-changing journey. For hopeful parents in Michigan, surrogacy offers a meaningful way to grow a family, especially when traditional paths aren’t an option. But even when the surrogate is someone you know and trust, relying on verbal agreements or informal understandings is risky. A legally binding surrogacy contract is not just a formality—it’s an essential protection for everyone involved, especially now that Michigan law recognizes and regulates compensated surrogacy.
At Steslicki & Ghannam, PLC, our surrogacy attorneys help intended parents in Plymouth and throughout Michigan prepare for parenthood with confidence and legal clarity.
A New Legal Landscape for Surrogacy in Michigan
Michigan took a significant step forward by passing the Michigan Family Protection Act, which legalizes and regulates compensated surrogacy agreements beginning April 1, 2025. This marks a substantial shift from the previous law, which had prohibited paid surrogacy and rendered such agreements unenforceable.
Under the new law, surrogacy is now a legally protected path to parenthood, as long as both the surrogate and intended parents follow required guidelines.
These include:
- Medical and psychological screenings for the surrogate.
- Independent legal representation for all parties.
- Clear, court-approved surrogacy contracts.
- A pre-birth parentage order that legally recognizes the intended parents as the child’s legal guardians.
The law also promotes equality and accessibility for unmarried parents and LGBTQ+ families, ensuring they can establish parentage without unnecessary legal barriers.
Why You Still Need a Surrogacy Contract—Even With Trust
It’s natural to assume that if the surrogate is a close friend, partner, or family member, legal paperwork may be unnecessary. After all, if everyone agrees on the arrangement, what could go wrong?
Unfortunately, good intentions aren’t always enough, especially when real-life complications arise. Medical emergencies, financial questions, relationship changes, or disagreements about future involvement can quickly lead to uncertainty. A surrogacy contract clearly defines each party’s rights, responsibilities, and expectations, thereby reducing the risk of conflict and protecting the child’s legal status from the outset.
Key issues a proper contract will address include:
- The surrogate’s role during pregnancy and after birth.
- Who will make medical decisions during the pregnancy.
- What expenses will be covered and by whom.
- How parental rights will be established at birth.
Dispute resolution processes should also be in place to address disagreements that may arise.
Legal Protections for Unmarried Intended Parents
Michigan law no longer assumes that both intended parents are legal parents at birth unless they are married. That means unmarried couples must take proactive legal steps—through contracts and court orders—to protect the non-biological parent’s rights.
A surrogacy agreement, coupled with a pre-birth parentage order, ensures both intended parents are fully and equally recognized from the moment the child is born, without requiring second-parent adoption or further litigation.
Talk to a Surrogacy Attorney in Plymouth, Michigan
At Steslicki & Ghannam, PLC, we help unmarried intended parents navigate Michigan’s new surrogacy laws with confidence. From drafting a valid surrogacy contract to securing parentage orders, we provide the legal support you need to build your family safely and securely.
Contact us today to schedule a consultation and take the first step toward protecting your surrogacy journey, whether with or without compensation, and regardless of the level of trust involved.
