FAQs

• What is surrogacy, and how does it work in Michigan?

  Surrogacy is an arrangement where a woman agrees to carry and give birth to a child for another person or couple. In Michigan, the process involves legal agreements that clarify the rights and responsibilities of all parties before pregnancy begins.

• Why do I need a surrogacy attorney in Michigan?

  Michigan law states that both parties are required to have an attorney throughout the surrogacy process. A surrogacy attorney helps draft and review legal contracts to protect your interests. They ensure that parental rights are properly established and that the agreement follows Michigan laws, preventing future legal disputes.

• Can intended parents establish parental rights before the baby is born?

  Yes. In Michigan, it is possible to establish parental rights through a pre-birth order or other legal steps with the help of a surrogacy attorney. This makes the process smoother after the child’s birth

• What should be included in a surrogacy agreement?

  A surrogacy agreement typically includes details about medical care, financial responsibilities, confidentiality, parental rights, and procedures if complications arise. Your attorney will guide you to include everything necessary for a clear and fair contract.

• Is surrogacy legal in Michigan?

  Yes, in Michigan, surrogacy is legal. Traditional surrogacy is treated the same as gestational surrogacy as of April 1, 2025.

• How long does the surrogacy legal process take in Michigan?

  The timeline varies based on individual cases but generally includes drafting agreements before pregnancy, court orders establishing parental rights, and finalizing legal parentage after birth. Your attorney can provide a clearer estimate based on your situation.

• Can single individuals pursue surrogacy in Michigan?

  Yes, single individuals can pursue surrogacy. Legal support is crucial to ensure parental rights are correctly established, regardless of marital status.

• What happens if the surrogate changes her mind?

  Surrogacy agreements include terms to handle such situations, but Michigan courts prioritize the best interests of the child. Having a legally binding contract helps protect all parties, but outcomes can vary case by case.

• Do I need to hire a surrogacy attorney in my county?

  You do not need an attorney located in your specific county to assist you in the surrogacy process. Michigan law does not require any court hearings for surrogacy meaning as long as the attorney is licensed in the state of Michigan you can work with them.