Are you thinking of how to become a surrogate in Michigan? Because, regrettably, paid surrogacy is entirely prohibited under Michigan's surrogacy regulations for both intended parents and surrogates.
It's crucially necessary to comprehend and acknowledge how Michigan's surrogacy regulations will affect and probably restrict your potential to achieve your surrogacy objectives as a surrogate mother in this state if you're thinking about being a surrogate there.
Although state law does not strictly or completely exclude altruistic surrogacies, the contracts created for these procedures are not binding. Consequently, there always exists a potential legal risk associated with surrogacy in Michigan.
Even though Michigan's surrogacy rules can appear scary, women still have the choice to become surrogate mothers there.
We've outlined some of the key legislation to be aware of in Michigan, as supplied by surrogacy lawyer Dion Roddy, to help you better understand the restrictions associated with surrogacy in this state and why it's not recommended.
If you have been among those who have been asking about how to become a surrogate in Michigan, then you are in the right place. Today, Bornfertilelady will give you the knowledge, know-how, tips, and the dos & don’ts on how to become a surrogate in Michigan.
In this article
Surrogacy in Michigan - The Laws of Surrogacy in Michigan
The Michigan Surrogate Parenting Act MCL Section 722.851 makes all surrogacy contracts, agreements, or arrangements “void and unenforceable as contrary to public policy.” In addition, surrogacy contracts for compensation are subject to criminal penalties.
PRE-BIRTH PARENTAGE ORDERS
Do courts grant pre-birth parentage orders? Not in cases involving compensation or living expenses. Those contracts are void, unenforceable, and criminal. The only cases in which courts will grant pre-birth orders are compassionate surrogacy cases.
In compassionate surrogacy cases, courts will grant a pre-birth parentage order only upon the filing of a consent motion, and only if: at least one of the Intended Parents has a genetic tie to the child, the Intended Parents are married, and the Intended Parents and the Gestational Carrier each have independent legal representation.
Can both Intended Parents be declared the legal parents in a pre-birth order in a compassionate surrogacy case if at least one parent is genetically related to the child?
- Married heterosexual couple using own egg and own sperm: Yes
- Married heterosexual couple using an egg donor or sperm donor: Yes
- Unmarried heterosexual couple using own egg and own sperm: No
- Unmarried heterosexual couple using an egg donor or sperm donor: No
- Single parent using own egg/sperm: Yes
- Same-sex couple using an egg donor or sperm donor: No
Can both Intended Parents be declared the legal parents in a pre-birth order in a compassionate surrogacy case if no parent is genetically related to the child?
- Married heterosexual couple: No
- Unmarried heterosexual couple: No
- Single parent: No
- Same-sex couple: No
What are the bases for the venue? Location of the Gestational Carrier’s residence
Do results vary by county? No
Is a hearing required to obtain a pre-birth order? Depends on the judge.
Is a pre-birth order possible in Michigan based on a Gestational Carrier’s plan to deliver in Michigan, if no party lives in Michigan? No
Will Michigan Vital Records honor a pre-birth order from another state? Yes, but not if the order would result in a violation of the Michigan statute.
What is the typical time frame to obtain a birth certificate after delivery? It can vary greatly from about a week to a few months depending on the issuing county.
How are same-sex parents named on the final birth certificate? Parent and Parent or Mother and Father
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes, if an adoption order is issued in another state or country.
Can the non-biological parent obtain a second parent adoption based solely on the fact that the child was born in Michigan (i.e., neither of the Intended Parents lives in Michigan)? No, Michigan does not allow unmarried couples to adopt (same-sex or heterosexual), and Michigan does not currently recognize same-sex marriages, although this issue is being challenged in court.
If no, will Michigan Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
EGG AND SPERM DONATION
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo, or child? Yes, the Michigan assisted reproduction statute, MCL333.2824(6), is gender neutral, though limited to a married husband and wife. It provides, “A child conceived by a married woman with the consent of her husband following the utilization of assisted reproductive technology is considered to be the legitimate child of the husband and wife.
TRADITIONAL SURROGACY IN MICHIGAN
The Michigan Surrogate Parenting Act does not distinguish between Gestational Surrogacy and Traditional Surrogacy.
You can check Michigan’s Surrogacy Map to know about the surrogacy laws in Michigan, and you can also watch the video below to know more on; how to become a surrogate in Michigan.
The steps on how to become a surrogate in Michigan
While every woman’s path to becoming a surrogate mother or gestational carrier will be slightly different, here is what you can expect if you want to know how to become a surrogate in Michigan:
Step 1: Speak with a surrogacy specialist: Many women choose to work with a surrogacy service in Michigan, particularly if it's their first time becoming a surrogate.
An agency may be quite helpful to you for several reasons, including all the surrogacy-related services they provide and their ability to guide you through each stage of the Michigan surrogacy procedure.
The following surrogacy agencies can assist you:
- The Fertility Center
- Center for Surrogate Parenting (CSP)
- Michigan Reproductive Medicine
- American Surrogacy
Step 2: Meet all surrogacy requirements and finish pre-screening: Specific conditions for surrogates must be satisfied by every surrogacy practitioner, including:
- Be raising at least one child in your home
- Not be on antidepressants or anti-anxiety medication within the last 12 months
- Be between the ages of 21 and 43
- And more
*some exceptions may apply on a case-by-case basis
Step 3: Find intended parents. As a gestational surrogacy carrier, you have the right to choose what kind of intended parents you want to partner with.
If you and an intended parent express mutual interest in each other, you can work with your surrogacy professional to schedule a mediated introductory meeting or conference call. This offers you a chance to get to know one another before you commit to the match.
Step 4: Complete the surrogacy medical process. You will prepare for gestational surrogacy by taking prescribed fertility medications before the embryo transfer. This will take place at the intended parent's fertility clinic, and they will also cover your medical and travel costs.
Bornfertilelady’s Take on this
The first step you’ll take on your journey is reaching out to a surrogacy agency. Your surrogacy professional will be with you every step of the way to help you become a surrogate. Get connected with a surrogacy professional here.
Everyone’s Michigan surrogacy journey is different. The best way to learn about starting the Michigan surrogacy process as a surrogate mother is by speaking with a surrogacy professional. Reach out today to learn more!
When you work with experienced surrogacy agencies like the Center for Surrogate Parenting (CSP), American Surrogacy, Michigan Reproductive Medicine, The Fertility Center, and other good recommended surrogacy agencies, you can become a surrogate in Michigan and also in other states that are more welcoming to the surrogacy process, allowing you to become a professional surrogate without stress.
For more information about surrogacy in Michigan, the following surrogacy agencies can assist you:
- American Surrogacy
- Michigan Reproductive Medicine
- The Fertility Center
- Center for Surrogate Parenting (CSP)
All right, guys, that is it for now on how to become a surrogate in Michigan. I hope Bornfertilelady answered any questions you had concerning how to become a surrogate in Michigan.
If you still want to know more on how to become a surrogate in Michigan, you can check the FAQs section below.
And always remember that Bornfertilelady is one of the best health sites out there that genuinely care for expecting parents, and you can find valuable information on all things about prenatal care on this site.
It is founded by a pregnancy expert and a mother of two, and the platform offers resources on prenatal nutrition, including information on the best pregnancy vitamins and insightful tips on how to have a healthier lifestyle as a mom (pregnant and delivered).
Frequently Asked Questions on how to become a surrogate in Michigan
WHY DOES MICHIGAN NOT ALLOW SURROGACY?
Michigan is a risky state to proceed with a surrogacy arrangement because the state statutorily declares all surrogacy contracts to be void and unenforceable. It also establishes criminal liability and fines for those who engage in any compensated surrogacy.
HOW MUCH DO SURROGATES GET PAID IN MICHIGAN?
The average price for surrogacy ranges from $90,000 to $130,000, depending on the individual arrangements. Where does this cost come from, you may wonder, since commercial surrogacy is prohibited in Michigan?
IS SURROGACY LEGAL IN MICHIGAN?
According to the Michigan Surrogate Parenting Act, “A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.”
Any such contract is void and unenforceable as contrary to Michigan public policy. However, uncompensated, or “compassionate,” surrogacy is permitted in Michigan.
IS COMPENSATED SURROGACY LEGAL IN MICHIGAN?
No. See the answer to the previous question. Any surrogacy in Michigan must be altruistic and, therefore, the process is usually only completed between close friends and family members.
IS TRADITIONAL SURROGACY LEGAL IN MICHIGAN?
No. In addition to traditional surrogacy in Michigan being illegal, the process also would involve many potentially serious complications because of a surrogate’s genetic relationship to the child. That’s why many surrogacy professionals across the United States today will only complete gestational surrogacies.
WHAT DOES A SURROGACY AGREEMENT IN MICHIGAN COVER, AND HOW DOES THE LEGAL PROCESS WORK?
Surrogacy contracts in Michigan are void and unenforceable as contrary to public policy.
ARE SURROGACY CONTRACTS (WHETHER COMPENSATED OR ALTRUISTIC) ENFORCEABLE IN MICHIGAN?
No. If you enter into a surrogacy contract in Michigan, your surrogacy process will be based entirely on good faith and trust in your surrogacy partner.
WHAT ARE THE SURROGACY LAWS IN MICHIGAN ON PARENTAGE ORDERS?
There are no specific laws addressing parentage orders in Michigan. Courts will generally enter a pre-birth order for married intended parents where at least one parent is genetically related to the resulting child.
ARE THERE ANY PARTICULAR LAWS FOR PARENTS OUTSIDE THE U.S. WHO COMPLETE A SURROGACY IN MICHIGAN?
There are no particular laws that address non-citizens completing surrogacy in Michigan. However, because of the limitations on surrogacy in Michigan in general, it’s advised that international parents pursue surrogacy in another state to protect their rights and interests.
WHEN DO INTENDED PARENTS NEED TO COMPLETE AN ADOPTION AFTER BIRTH?
If a pre-birth order is not entered or cannot be entered, then the intended parents must commence an adoption to obtain parental rights and custody.
These instances may include situations where only one intended parent is genetically related to the resulting child or, in the case of traditional surrogacy, where the surrogate is genetically related to the resulting child.
WHAT HAPPENS IN CASES WHERE INTENDED PARENTS USE A DONOR EGG, SPERM, OR EMBRYO?
The laws regarding the use of a donor egg, sperm, or embryo are unsettled in Michigan. At least one of the intended parents must be biologically related to the child to be born for the possibility of a pre-birth order to be entered by a Michigan court.
Otherwise, the child would need to be adopted by the intended parents for full parental rights to be vested in the intended parents.
ARE THERE ANY ADDITIONAL LAWS IMPACTING SAME-SEX SURROGACY IN MICHIGAN?
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