How to Become a Surrogate in Michigan
Surrogacy law in Michigan changed completely in April 2025. Compensated surrogacy was a felony here for 36 years — Michigan was the only state in the country where you could be fined or jailed for it. That’s over. Michiganders now enjoy one of the strongest sets of legal protections for surrogates anywhere in the nation, and most people don’t know it yet.
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Is surrogacy legal in Michigan?
Yes. Since 1 April 2025, compensated surrogacy has been fully legal in Michigan. If you’ve read otherwise, you’ve read something out of date.
Here’s what changed and why it matters.
What it used to be
For 36 years Michigan was the harshest surrogacy jurisdiction in the country. Under the 1988 Surrogate Parenting Act, surrogacy contracts were void and unenforceable, and arranging a compensated surrogacy agreement was a felony carrying up to five years in prison and a $50,000 fine. Michigan was the only state in the US where taking part in a paid surrogacy arrangement could land you in court as a defendant.
Uncompensated surrogacy between friends or family happened in a grey area, with no legal protection for anyone — including intended parents, who could find themselves having to adopt their own biological child.
What it is now
In April 2024, Governor Whitmer signed a package of nine bills known as the Michigan Family Protection Act. The surrogacy provisions — the Assisted Reproduction and Surrogacy Parentage Act, codified at MCL 722.1701 and following — took effect on 1 April 2025. The law is modelled on the Uniform Parentage Act of 2017, which is the framework most well-regarded surrogacy states use.
It repealed the criminal ban outright. Compensated surrogacy agreements are now legal and enforceable in Michigan.
Why this is genuinely good news for you specifically
Most coverage of the new law is written for intended parents. Here’s the part written for you.
Michigan is now one of the very few states where your protections are written into law rather than just into your contract. In Minnesota there’s no statute at all, so everything depends on your agreement. In Indiana the statute makes agreements void. In Ohio the courts enforce contracts, but the protections still come from the document. In Michigan, the following are statutory:
- You must have your own independent lawyer, and the intended parents must pay for it. Not a courtesy — a legal requirement of a valid agreement.
- You keep the right to make your own medical decisions during the pregnancy. In every other state on this site, that clause lives in your contract. Here it’s in the statute.
- You cannot be forced to terminate a pregnancy, even if the intended parents ask you to.
- You can end the agreement on medical grounds where your doctors recommend it because of risk to your health.
- Your compensation is enforceable. So is everything else you negotiated.
That combination is stronger than what a surrogate gets in most of the country.
The rules your agreement has to follow
The statute is prescriptive, and this protects you — but only if the paperwork is done properly. A valid Michigan surrogacy agreement must:
- be in writing, and signed by you, each intended parent, and your spouse if you have one
- have every signature witnessed by a notary
- be signed before any medical procedure happens — other than the medical evaluation and mental health consultation the law requires first
- involve assisted reproduction; a pregnancy conceived through intercourse isn’t covered
- involve a birth in Michigan, or fertility treatment performed in Michigan
If the agreement substantially complies with the statute, it’s enforceable and the intended parents become the child’s legal parents automatically at birth (MCL 722.1906), with no adoption required. Courts can also issue pre-birth parentage judgments (MCL 722.1908). This applies regardless of the intended parents’ marital status, gender or sexual orientation.
If it fails on something material, you lose that certainty — a court then decides parentage based on what the parties intended and the child’s best interests. That’s a messier, slower and less predictable road for everyone.
Which is the practical point: in Michigan, precision at the contract stage is everything. Use an attorney who has done Michigan surrogacy agreements under the new act specifically, not a general family lawyer, and not one working from pre-2025 templates.
If you’ve been assuming surrogacy wasn’t an option for you in Michigan, it is now. Five minutes will tell you whether you qualify.
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Do you qualify to be a surrogate in Michigan?
Michigan is unusual here too: some of the eligibility criteria are set by law, not just by agency policy.
Required by Michigan statute:
- You must be at least 21.
- You must have given birth to at least one child previously.
- You must complete a medical evaluation.
- You must complete a mental health consultation.
- You must give informed consent, having had the agreement explained by your own lawyer.
Those aren’t negotiable by any agency, because they’re conditions of a valid agreement.
Set by the agency and the clinic, on top of that:
- An upper age limit, usually around 40–45.
- You’re raising the child you gave birth to.
- No nicotine — cigarettes, vapes, pouches, patches. Typically 6–12 months clear, and expect a test.
- No drug use, in your household as well as by you.
- A background check, for you and your partner.
- U.S. citizenship or permanent residency.
More flexible than you’d expect:
- BMI. Most clinics want 19–32, some to 35. A few points over usually means “let’s get you there,” not “no.”
- C-sections. Two is standard, three often workable. How you healed matters more than the count.
- Tubal ligation. Irrelevant — embryo transfer bypasses your tubes.
- Endometriosis. Usually fine. It affects conceiving, not carrying.
- HSV-2. Not disqualifying at most programmes.
- Hashimoto’s or hypothyroidism. Usually fine if well controlled with TSH in range.
- Single, unmarried, or LGBTQ+. Doesn’t affect eligibility. Note that if you’re married, your spouse signs the agreement too.
Raise these early:
- A history of intrahepatic cholestasis of pregnancy (ICP). Recurs often and carries real risk; most programmes decline or require maternal–fetal medicine clearance.
- Preeclampsia or HELLP previously. Depends on severity and timing.
- Antidepressants or other psychotropic medication. Policies vary. Ask before applying; don’t stop medication to qualify.
- Gestational diabetes. Diet-controlled and resolved, usually fine.
- Still breastfeeding. Fully weaned, typically 2–3 months before medication.
| Requirement | Michigan standard | Set by |
|---|---|---|
| Minimum age 21 | Hard requirement | State law |
| Prior birth | At least one | State law |
| Medical evaluation | Required before signing | State law |
| Mental health consultation | Required before signing | State law |
| Own attorney, paid by IPs | Required | State law |
| Upper age limit | Usually 40–45 | Agency / clinic |
| BMI | 19–32, some to 35 | Clinic |
| C-sections | Usually up to 2–3 | Clinic |
| Nicotine | None, 6–12 months | Agency / clinic |
Unsure whether a past complication, your BMI, or a third C-section rules you out? The questionnaire covers all of it.
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What surrogates are paid in Michigan
We match Indiana surrogates with a carefully selected surrogacy agency, that we used for our own surrogacy journeys. The figures below are their published surrogate payment schedule, verified as of mid-2026 — they are real numbers for Michigan surrogates and not industry averages.
First-time surrogates: $65,000+ total. Experienced surrogates: $75,000+ total.
Your compensation: a sample of $50,500
| When you’re paid | Amount |
|---|---|
| At match | $1,250 |
| At medical clearance | $500 |
| At legal clearance | $1,000 |
| When you start medication | $500 |
| At embryo transfer | $1,000 |
| At hCG pregnancy confirmation | $1,000 |
| At heartbeat confirmation | $3,500 |
| Monthly during pregnancy (8 payments of $5,000) | $40,000 |
| Wellness package | $1,750 |
| Sample base total | $50,500 |
Experienced surrogates add $10,000. Additional compensation applies for multiples, a C-section or an invasive procedure — these will be agreed in writing.
Your payments are held in third-party escrow, and in Michigan you also have a statutory right to enforce the agreement behind it.
Your expenses: $15,000–$20,000+ on top
Separate from your fee: $300 monthly allowance with no receipts; all lost wages, yours and your partner’s; travel and a travel companion; family allowance for overnights away; weekly bed rest allowance; post-birth medical leave, 6–8 weeks; maternity clothing; medical insurance and all medical costs; life insurance; your attorney’s fees; mental health support.
Note that in Michigan your attorney’s fees aren’t a perk the agency offers — the intended parents are required by statute to pay them.
Three things about the money nobody else will tell you
It is very likely taxable. The “non-taxable reimbursement” argument circulating online is unsettled and the IRS has not endorsed it. Most tax professionals treat surrogate compensation as taxable income, and some agencies issue a 1099. Budget as though it’s taxable and speak to a CPA before you sign.
It can affect Michigan benefits. If your household receives Healthy Michigan Plan or Medicaid, MIChild, SNAP, FIP or childcare assistance, surrogate compensation counts as income and could take you over an eligibility threshold. Michigan Medicaid also generally won’t cover a surrogate pregnancy — appropriate coverage is arranged separately. Get advice on timing before you match.
Michigan is a new market and figures vary widely. Because the state only reopened in April 2025, there are more intended parents looking here than there are experienced surrogates. You’ll see quoted ranges from $55,000 to $110,000. Treat the top of that range with caution — it usually describes an experienced surrogate carrying twins in a high-cost market. Ask for a written schedule rather than a range.
The questionnaire tells you which fee structure you’d qualify for and what your schedule would look like.
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What the process looks like in Michigan
Twelve to eighteen months from application to birth.
Month 1 — Application and matching. You apply, we review your history, and you speak to the agency. Matching typically takes one to three months and you have a say.
Months 2–3 — Screening, which Michigan law requires anyway. Bloodwork, an infectious disease panel, a saline sonogram or hysteroscopy, and a mental health consultation. In Michigan the medical evaluation and mental health consultation aren’t just clinic policy — the statute requires both before you sign anything. Your partner is screened too.
Month 4 — Contracts, and in Michigan this stage is the whole ballgame. You get your own attorney and the intended parents pay for them. Your spouse, if you have one, signs too. Everything is notarized. Nothing medical happens until it’s executed. Ask your lawyer directly: does this agreement comply with every material requirement of the Assisted Reproduction and Surrogacy Parentage Act? If it does, parentage is automatic at birth. If it doesn’t, you’re all relying on a judge.
Months 5–6 — Medication and transfer. Estrogen and progesterone to prepare your lining, monitored by ultrasound and bloodwork. The transfer takes minutes and needs no anaesthetic. A pregnancy test around ten days later. Not every transfer works first time; that’s normal and covered.
Months 6–15 — Pregnancy. Care with your own OB or a practice the clinic refers you to. You retain your medical decision-making throughout, by law.
Birth and after. You deliver in Michigan. Under a compliant agreement the intended parents are the legal parents from the moment of birth, with no adoption and no court appearance needed afterwards. You recover for six to eight weeks with support.
The first step is 12 questions about your pregnancy history. If you’re not a fit, we’ll say so straight away.
Start the questionnaire →
The risks, honestly
Any page listing only the rewards is selling you something.
Physical. Every risk of pregnancy again: gestational diabetes, preeclampsia, hyperemesis, preterm labour, haemorrhage, an unplanned C-section. IVF pregnancies carry a modestly elevated rate of some complications. If a previous pregnancy was difficult, it can be again. Maternal mortality in the US is low but not zero, and that deserves saying plainly.
The medication is not nothing. Weeks of injections, with bruising, mood swings, headaches and bloating.
Michigan-specific: the law is new. The act took effect in April 2025, so there is not yet a deep body of Michigan case law interpreting it. The framework is clear and well-drafted, but the first few years of any new statute involve questions nobody has litigated. Working with an attorney who practises under it regularly matters more than usual.
Emotional. Most gestational surrogates don’t experience the grief people expect. But postpartum depression is as possible for you as for any birth, and there’s a flatness some women describe when the intensity ends. Use the counselling.
Relational. Your spouse is a party to the agreement in Michigan — this is legally their business too, not just emotionally. Your children will have questions.
Failed transfers and loss. Not every transfer takes, and miscarriage happens at roughly the general rate. It’s hard to carry when it wasn’t your pregnancy to lose.
The relationship may not be what you hoped. Some surrogates stay close to the families they carried for; some drift.
How we make money
SurroAdvisor is free for you and always will be. When we match you with an agency and you’re accepted into their programme, they pay us a fee. You are never charged, and your compensation isn’t reduced because you came through us.
We think you should know that, and we think it should change how you read this page. It’s also why we only work with just one, trusted, Midwest-based agency partner rather than listing everyone who’ll pay us: we’d rather send you somewhere we’d send a friend, in fact we worked with them ourselves for our own surrogacy journeys.
What we do that contacting an agency directly doesn’t:
- We tell you if you don’t qualify before you spend six weeks on an application
- We know which programmes will look at a third C-section, a BMI of 34, HSV-2 or a history of preeclampsia
- In Michigan specifically, we’ll make sure you’re asking whether your agreement complies with the new act — the single question that determines whether the law protects you
Common questions from Michigan surrogates
Is surrogacy legal in Michigan?
Yes. Compensated surrogacy has been legal in Michigan since 1 April 2025, when the Assisted Reproduction and Surrogacy Parentage Act took effect. Before that, Michigan was the only state in the country where arranging a paid surrogacy agreement was a felony, punishable by up to five years and a $50,000 fine. That ban has been repealed. If you read something saying surrogacy is illegal in Michigan, check its date.
Can I be paid to be a surrogate in Michigan?
Yes, and your compensation is legally enforceable — which it wasn’t before, and still isn’t in some neighbouring states. Indiana, for instance, treats surrogacy agreements as void. Michigan now sits at the opposite end of that spectrum.
What disqualifies you from being a surrogate mother?
In Michigan, being under 21 or never having given birth are absolute bars, because the statute requires both. Beyond that the common disqualifiers are agency and clinic criteria rather than law: current nicotine use, drug use in the household, a BMI well outside roughly 19–35, more than two or three prior C-sections, serious complications in a previous pregnancy such as severe preeclampsia or cholestasis, an untreated or unstable mental health condition, and certain medications. Plenty of things people assume are disqualifying aren’t — tubal ligation, endometriosis, HSV-2, well-controlled thyroid disease, being single or LGBTQ+.
Will insurance pay for a surrogate?
Your own health insurance almost certainly won’t cover a surrogate pregnancy — most policies contain a surrogacy exclusion, and Michigan Medicaid generally won’t cover it either. That’s not a problem you have to solve. The intended parents are responsible for arranging and paying for appropriate coverage for you, along with all medical costs, and in Michigan they’re also required by statute to cover your legal representation. What you should do is ask, in writing, exactly which policy will cover the pregnancy and what its exclusions are, before you start.
What is the best state for surrogacy?
Honestly, there isn’t a single best one — but Michigan has moved from the worst to among the better ones in a single step. California, Illinois, Nevada, Washington and Connecticut are all long-established and highly protective. Michigan’s new act is modelled on the same framework and in some respects goes further, particularly on written-in protections for the surrogate. What Michigan doesn’t yet have is years of case law behind it. If you live in Michigan, you no longer have any reason to look elsewhere.
Do I need my own lawyer?
Yes, and this isn’t optional here. Michigan law requires you to have independent legal representation and requires the intended parents to pay for it. Never use their attorney. Choose someone who has drafted agreements under the new act specifically — the law is young enough that pre-2025 templates are actively dangerous.
Does my husband have to be involved?
If you’re married, yes. Your spouse must be a party to the surrogacy agreement and must sign it. That’s a statutory requirement, not an agency preference. It’s worth having that conversation properly and early.
Can I be a surrogate if I’ve had a C-section?
Yes. Two prior C-sections is standard at most programmes and three is often workable. The clinic assesses how your uterus healed, whether you had complications, and what imaging shows. Start requesting your operative reports now — hospital records take longer to arrive than people expect.
Can I be a surrogate if I had cholestasis of pregnancy?
Usually not, and it’s better to know now. Intrahepatic cholestasis recurs in a large proportion of subsequent pregnancies and is associated with increased risk to the baby, so most programmes decline or require maternal–fetal medicine sign-off. Raise it in your first conversation.
Can you be a surrogate with HSV-2?
Generally yes. It’s managed with suppressive antiviral medication from around 36 weeks and a C-section if there are active lesions at delivery. Most programmes accept HSV-2 positive surrogates. Disclose it at application — it’s a planning conversation, not a disqualification.
Can you be a surrogate with endometriosis?
Usually yes. Endometriosis mainly affects conceiving rather than carrying, and you’ve already carried to term. Your uterine cavity is checked during standard screening.
Can you be a surrogate with Hashimoto’s disease?
Very often yes, if it’s well controlled on levothyroxine with TSH in range. Bring recent labs.
Can I be a surrogate if I’m on antidepressants?
It depends on the programme. Some require six to twelve months off psychotropic medication; others accept stable long-term SSRI use with clearance from the evaluating psychologist. Michigan law requires a mental health consultation regardless. Don’t stop your medication to qualify — speak to your prescriber and to us first.
What if my BMI is over the limit?
Most clinics want under 32, with flexibility to around 35. At 34 or 36 the usual outcome is a conversation about reaching the threshold before transfer, not rejection.
Will surrogate pay affect the Healthy Michigan Plan, Medicaid, or SNAP?
It can, and it’s the question we most wish women asked earlier. Surrogate compensation is income and may take your household over an eligibility threshold. If your family relies on any income-based programme, get advice on the timing before you match.
Do I have to pay tax on it?
Assume yes. The “non-taxable reimbursement” theory is unsettled and unendorsed by the IRS. Set money aside and talk to a CPA before your first payment.
Will the intended parents be on the birth certificate?
Yes, automatically, provided your agreement complies with the act. Under MCL 722.1906 the intended parents are the child’s legal parents by operation of law from the moment of birth — no adoption, no post-birth court process. Courts can also issue pre-birth parentage judgments. This is one of the biggest improvements the new law brought.
Can I change my mind?
You cannot be forced to become pregnant, and once pregnant you cannot be compelled to terminate — both are protected by the statute. You can also end the agreement on medical grounds if your doctors advise it. Beyond that, the agreement is a binding contract, so walking away from your obligations could carry financial consequences. This is why the contract stage matters.
Does being a surrogate affect my own fertility?
There’s no evidence that carrying a gestational surrogacy pregnancy reduces future fertility. The risks are those of any pregnancy: a C-section adds scar tissue, and a serious complication could have lasting effects.
Ready to find out where you stand?
If you’ve carried a healthy pregnancy, you’re 21 or over, you don’t use nicotine and you’re raising your own child, you’re likely eligible — and the questionnaire will tell you in about five minutes.
If you’d written surrogacy off because you’d heard it wasn’t allowed in Michigan, that changed in April 2025.
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Your answers go to our team and the agency you’re matched with, and nowhere else.
More on surrogacy:
What is a surrogate mother? · Gestational vs traditional surrogacy · Surrogate health insurance · Surrogacy statistics · Glossary
Nearby states: Ohio · Indiana · Wisconsin
This page is general information, not medical, legal, or tax advice. Michigan’s surrogacy law is new and evolving. Speak to a Michigan attorney who practises under the Assisted Reproduction and Surrogacy Parentage Act before signing any agreement, and to a CPA before receiving compensation.