The Cove state guide
Statutory frameworkMichigan’s Assisted Reproduction and Surrogacy Parentage Act took effect April 2, 2025. Qualifying surrogacy agreements, including compensated arrangements, now have an express legal framework.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Michigan’s law effective April 2, 2025 expressly allows an intended parent with or without a genetic connection. A single adult can qualify at age 21 or older with the required mental-health consultation and independent Michigan counsel. The agreement must also satisfy the Act’s Michigan-connection and signing requirements.
Sources 53Unmarried intended parents can use Michigan’s statutory framework; each intended parent must qualify and sign the agreement. The Act does not make marriage or a genetic connection a condition of intended parentage. Independent representation, required consultations, and timely notarized execution remain necessary for the statutory protections.
Sources 536Michigan’s current framework includes gay intended parents, whether married or unmarried. Providing a gamete is not required for intended-parent eligibility. The agreement and parentage documents must identify both intended fathers and satisfy the Act’s requirements; a donor is not treated as a parent merely for supplying a gamete.
Sources 546Lesbian intended parents can use Michigan’s gestational-surrogacy framework without a requirement that either supply an egg. Each intended mother must meet the age, consultation, and representation conditions and join the agreement. This legal route addresses a separate carrier and should be documented independently of any ordinary marital-parentage presumption.
Sources 536Michigan’s agreement requirements can be met through a Michigan resident party, an actual or anticipated Michigan birth, or assisted reproduction under the agreement occurring in Michigan. They do not require every intended parent to reside in the state. International parents must separately address nationality, immigration, passports, and recognition abroad.
Sources 36How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Michigan’s current surrogacy framework is available to single and unmarried intended parents. Each intended parent must be a party, as must the carrier and the carrier’s spouse, if any. Counsel should accurately identify all required parties instead of relying on marriage presumptions alone.
Section 722.1901 expressly allows intended parents who are not genetically related to the child. A qualifying arrangement can use donated gametes or embryos. The parentage provisions distinguish the intended parents from the carrier and donors; keep the medical and donor records consistent with the agreement.
Section 722.1902 requires at least one of three connections: a Michigan resident party, birth occurring or anticipated in Michigan, or assisted reproduction under the agreement occurring in Michigan. These are alternatives, not a requirement to satisfy all three. Court jurisdiction still needs counsel’s review.
The agreement must follow the Act’s eligibility, independent-representation, signing, and disclosure rules. It must preserve the surrogate’s health and welfare decisions and choice of health care practitioner.
Under a qualifying agreement, intended parentage takes effect at birth. A party can seek a confirming parentage order before, on, or after birth under §722.1908. Complete the agreement before covered medical procedures and plan the order, hospital instructions, and birth-record documentation together.
The Act expressly allows compensation, support, and reasonable expenses. The agreement should also address expenses if it ends before a transfer.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
