Written by Pooja Patel, MD — MBBS (Seth G.S. Medical College & K.E.M. Hospital) : Fellowship in Embryology, Manager, Surrogacy4All. Dr. Patel manages surrogate screening, matching, and journey coordination at Surrogacy4All’s New York program.
Medically reviewed by Rashmi Gulati, MD —
- Board Certified, Internal Medicine
- Medical Advisor, Surrogacy4All
- privileges at Mount Sinai Hospital
Last updated : [14/09/2026]
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Summary. Michigan’s Family Protection Act ended the state’s ban on compensated surrogacy in 2025, replacing a 1988 statute that made paid surrogacy contracts void and, in some cases, criminal. In its first year, the law allowed gestational carrier agreements to be enforced, parentage orders to be granted before birth, and both intended parents — married or not, genetic or not — to be named on the birth certificate. This analysis covers what that looked like in practice and what still differs from New York’s licensed model. Surrogacy4All is a New York State-licensed (GSP220903), physician-led surrogacy agency operating since 2006, with programs from $120,000.
| Fact | Value |
|---|---|
| Statute | Michigan Family Protection Act (2024), in effect 2025 |
| Previous law | Surrogate Parenting Act of 1988 : compensated agreements void; penalties for paid arrangements |
| Parentage | Pre-birth parentage orders available, no genetic link or marriage required |
| Surrogate protections | Independent counsel, medical and psychological evaluation, insurance and escrow required by the Act |
| Compensation at Surrogacy4All | $70,000–$105,000 total (Michigan surrogates toward the middle of the range) |
| Match time | Typically 1–3 months |
| License / registration | GSP220903, FDA FEI 3021544308 |
| Success rates (source) | 65% first transfer, 90% cumulative — SART |
What did the Family Protection Act change?
Before 2025, Michigan was one of the most restrictive states in the country : a compensated surrogacy contract was void, and arranging one could be prosecuted. Intended parents living in Michigan matched with surrogates in other states, and Michigan women who wanted to carry did so for out-of-state families under other states’ laws.
The Family Protection Act reversed that. It recognizes gestational carrier agreements that meet its requirements, lets courts issue parentage orders during the pregnancy, and treats intended parents equally regardless of marital status, sexual orientation, or genetic connection.
What did the first year look like in practice?
Three things stood out.
First, courts adopted pre-birth orders quickly : In the counties where most Michigan births occur — Wayne, Oakland, Macomb, and Kent — orders were granted on the papers without hearings once the agreement met the Act’s checklist.
Second, compensation settled at the national middle : Michigan surrogates in our program received base compensation in the $70,000 range within the $105,000 total, below California and roughly level with the Midwest.
Third, match times for Michigan intended parents shortened because Michigan surrogates who had previously carried for families in other states could now match at home. Our Michigan matches in the first year ran within the typical 1–3 months.
What does the Act require of an agreement?
The Act sets conditions that will look familiar to anyone who has read New York’s law :
- The surrogate must be at least 21
- Have given birth before
- Complete medical and psychological evaluation
- Each party must have independent legal counsel
- Agreement must provide for the surrogate’s health and life insurance and for compensation held in escrow.
An agreement that fails a condition is not void but may not be enforced, which is why agreements are drafted by Michigan family-formation attorneys against the statute’s list.
How does Michigan compare with New York?
- The substance is close
- The oversight is different.
- New York licenses surrogacy programs through its Department of Health and gives surrogates a statutory Bill of Rights.
- Michigan regulates the agreement but not the agency
For intended parents, this means a Michigan journey with a New York-licensed agency gets the Act’s protections plus licensing standards that Michigan does not impose. For surrogates, it means checking that the agency, not just the contract, meets a licensed standard.
What still differs across state lines?
A Michigan intended parent matched with a surrogate in another state is governed by that state’s law, and vice versa.
Michigan’s Act also does not resolve every recognition question with restrictive states. A Michigan pre-birth order is honored in Michigan and in states that recognize out-of-state parentage judgments, which is most but not all.
What should intended parents and surrogates in Michigan do now?
Intended parents : Treat Michigan as a surrogacy-friendly state with a young statute, use an attorney who has drafted under it, and expect match times and compensation in line with the Midwest.
Surrogates : You can now carry for Michigan families under a Michigan agreement. The requirements page and eligibility guide apply, and an independent attorney is provided at the intended parents’ cost.
Frequently asked questions
Q. Is surrogacy legal in Michigan?
A. Yes. Compensated gestational surrogacy has been legal and enforceable since the Family Protection Act took effect in 2025.
Q. Can single or same-sex intended parents use surrogacy in Michigan?
A. Yes. The Act names intended parents without regard to marital status, orientation, or genetic link.
Q. Are pre-birth orders available in Michigan?
A. Yes.
Q. What do Michigan surrogates earn?
A. $70,000–$105,000 total at Surrogacy4All, with base compensation toward the middle of the national range.
Q. Do I need a Michigan attorney?
A. Yes. The agreement is drafted under the Act by Michigan counsel, and the surrogate has her own independent attorney.
Q. Does a New York-licensed agency help in Michigan?
A. It adds licensing standards that Michigan does not require. The Michigan agreement still governs the contract.
Talk to a physician-led team
- Free consultation , In person on Fifth Avenue or by video
- Call : (212) 661-7673
- Mail : info@surrogacy4all.com
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Surrogacy4All is licensed by New York State (Surrogacy Program License GSP220903) and FDA-registered (FEI 3021544308). The organization has operated since 2006, with clinics in New York, Toronto, and Accra.
Dr. Pooja Patel
Dr. Pooja Patel is a Chief Surrogacy Coordinator at Surrogacy4all. She has 10 years of experience in Anesthesiology and critical care medicine.
She received her medical degree from Seth GS Medical College and K.E.M Hospital in India. She then completed an internship. She finished her Anesthesia residency at Grant Govt Medical College and JJ Group of Hospitals in India.
- Dr. Pooja Patel
- Dr. Pooja Patel
- Dr. Pooja Patel
- Dr. Pooja Patel
