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Surrogacy in Michigan

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Surrogacy is a complex type of assisted reproduction in which one woman, known as the surrogate, becomes pregnant and gives birth to a baby for an individual or a couple.

There are two types of surrogacy, traditional and gestational. In traditional surrogacy, the surrogate is inseminated with donor sperm, which fertilizes her own egg. Some people feel uncomfortable with traditional surrogacy, since the resulting child will be biologically related to the surrogate. In those cases, they may prefer to use a gestational surrogate. In gestational surrogacy, the surrogate is implanted with an embryo, which can either come from the intended parents or from donors.

Surrogacy Laws in Michigan

According to Michigan law, paid surrogacy is prohibited by law, and surrogacy agreements are considered void and unenforceable. Any violations of this are punishable by a fine of up to $10,000 or one year in jail. Additionally, anyone who arranges a surrogacy agreement is guilty of a felony, which can carry with it a fine of $50,000 or five years in jail.

However, non-compensated surrogacy, or altruistic surrogacy, is legal in Michigan.

Finding a Surrogate in Michigan

Because surrogates in Michigan cannot be paid—besides reimbursement for medical expenses—you won’t be able to use a surrogate through an agency in which the surrogate will be paid.

If you are interested in finding a surrogate in Michigan, it is a good idea to talk with a reproductive law attorney to help you through the legally-complex matter.

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