Michigan's Assisted Reproduction and Surrogacy Parentage Act represents one of the most significant shifts in reproductive law in the country. After decades of prohibition, Michigan now has a complete statutory framework for gestational surrogacy. Navigating that framework well from the start requires an attorney who understands not just what the law says, but how it is being applied.

Meryl B. Rosenberg, Esq. has been a Michigan-licensed attorney since 1986. She was actively involved in the development of the legislation f before it passed, working to ensure the law's provisions were sound, inclusive, and protected the rights of all parties involved. . Since the Act took effect in April 2025, Meryl has assisted many people already building their families through surrogacy in Michigan. Meryl also has been working with courts to develop procedures for the smooth issuance of the parentage orders. She brings a depth of knowledge of Michigan surrogacy law that is unique, having practiced in the surrogacy field for decades.

Michigan Surrogacy Agreements

Under the Assisted Reproduction and Surrogacy Parentage Act, a surrogacy agreement must meet specific statutory requirements to be enforceable. It must be in writing, notarized, and executed by each intended parent and the surrogate and her spouse, if any, before any medical procedures related to the surrogacy begin. Evaluations and screenings must occur beforehand, and the agreement itself must be in place and fully executed before any medical steps proceed.

The agreement must include specific provisions required by law, including a provision confirming the surrogate's full authority over all health and welfare decisions throughout the pregnancy. Any term that contradicts that authority is void. Independent legal representation, by a Michigan-licensed attorney of each party's own choosing, must continue for the duration of the arrangement, not just through signing of the legal agreement. Meryl drafts agreements that are comprehensive, precise, and specific to each arrangement, addressing compensation and expense management, medical decision-making, communication expectations, duties and expectations of all parties, and the full path to legal parentage under Michigan law.  Meryl also assists in ensuring that the proper health and other insurances are properly in place.

The Parentage Process in Michigan

Michigan's new law provides for a parentage judgment that can be obtained before or after the birth of the child, with the appropriate jurisdictional requirements met. For pre-birth judgments, no court hearing is required when the matter is uncontested. The judgment takes effect upon the child's birth, and the State Registrar is required to issue a birth certificate consistent with the parentage order. No post-birth adoption is needed.

The parentage petition must be accompanied by certifications from each party's attorney attesting to the agreement's compliance with the Act's requirements. Meryl handles all required filings and coordinates timing to ensure the judgment is in place before the anticipated delivery date.

Serving All Intended Parents in Michigan

Michigan's law is explicitly inclusive. Intended parents regardless of marital status, sexual orientation, gender identity, or genetic connection to the child may obtain a parentage judgment under the Act. Single individuals, same-sex individuals, married and unmarried couples, and international intended parents are all equally protected under Michigan law, provided the statutory requirements are met.

Meryl also works with international intended parents pursuing surrogacy in Michigan and ensures they understand what must be addressed not only under Michigan law but also in their home country before the process begins, coordinating at length with their attorney in their home country, and coordinating with immigration attorneys as appropriate.