Michigan's Assisted Reproduction and Surrogacy Parentage Act created a fully protected legal pathway for intended parents in the state for the first time. The law is clear and comprehensive, and it carries specific requirements at every stage that must be met in the correct sequence for the arrangement to be enforceable and for a parentage judgment to be obtained.

Meryl B. Rosenberg, Esq. provides dedicated legal services to intended parents throughout Michigan, from the earliest stages of planning through the final recognition of parentage. As a Michigan-licensed attorney who had practiced in the assisted reproduction field for over three decades and also helped shape the legislation itself, Meryl brings firsthand knowledge of how the ARSPA is intended to work and how it is being implemented in practice.

Surrogacy Agreements for Intended Parents

Your gestational surrogacy agreement is the legal cornerstone of your arrangement and, under Michigan law, must meet specific statutory requirements to be enforceable. It must be in writing, notarized, and executed by all parties before any medical procedures begin. Independent legal representation, by a Michigan-licensed attorney of each party's choosing, is required throughout the full duration of the agreement.

Ensuring that all rights and duties are clearly defined consistent with Michigan law before medical procedures begin is essential in every case. Meryl drafts agreements that are comprehensive, personalized, and fully compliant with the Assisted Reproduction and Surrogacy Parentage Act. Every agreement is reviewed by the surrogate's independent attorney together with their client before being finalized and signed by all parties. Clarity throughout the process is critical to a smooth journey for all parties involved.

Parentage Judgments for Intended Parents in Michigan

Michigan law provides for a parentage judgment that can be obtained before or after the birth of the child. For pre-birth judgments, no court hearing is required when the matter is uncontested. The judgment takes effect at the moment of birth, and the State Registrar is directed to issue a birth certificate consistent with the order. No adoption proceeding is necessary.

Meryl advises intended parents on the process that applies to their situation and handles all required court filings. The parentage petition must include certifications from each party's attorney confirming compliance with the Act, and Meryl coordinates this carefully to ensure everything is in place before delivery.

Donor Agreements

When your family building involves an egg donor, sperm donor, or embryo donor, a carefully drafted donor agreement is essential. Michigan's Act explicitly confirms that a donor is not a parent of a child conceived by assisted reproduction when a valid donation agreement is in place. Meryl drafts or negotiates egg donation, sperm donation, and embryo donation agreements for intended parents or donors, working with both identified and non-identified donors.

IVF Clinic and Agency Document Review

Intended parents working with IVF clinics or surrogacy programs (agencies) will encounter a range of informed consent documents, agreements, and forms throughout the process. Meryl reviews these with her clients to ensure that nothing is overlooked, that what you are agreeing to and consenting to is clear, and that your rights are protected before you sign any relevant document. This service is available to clients worldwide, regardless of where the agency or clinic is located.

Post-Birth Parental Rights and Adoption Proceedings

When a pre-birth parentage judgment is in place and uncontested, no adoption is required under Michigan law. In some circumstances a post-birth proceeding may be necessary or recommended, or for each parent to be recognized as a legal parent by court order after birth. Where a post-birth court process is the appropriate pathway, Meryl advises clients on the right approach for their specific situation and handles the necessary proceedings.

International Intended Parents

International intended parents pursuing surrogacy in Michigan benefit from the state's inclusive and clearly structured legal framework, which applies regardless of nationality, marital status, or genetic connection to the child. Beyond the Michigan legal process, international intended parents face additional considerations, including citizenship for their child, legal parentage recognition in their home country, and travel requirements. Meryl brings specific experience advising overseas clients on what must be addressed from the very start of the family building journey — before the process begins, as should always be the case, rather than during pregnancy or after birth.  Now, more than ever, it is critical that every parent coming to the US from overseas seeking to build their family through surrogacy understand both how and when they will come to the US for delivery and also, how they will legally bring their baby home following birth.