First-time surrogates in Michigan earn $40,000–$55,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $40,000 – $55,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $47,000 – $73,000 |
| Base Compensation | $50,000 – $70,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $57,000 – $88,000 |
Michigan law changed completely and recently. Until 2025, compensated surrogacy was a felony in Michigan — punishable by up to $50,000 in fines and five years in prison — and surrogacy contracts were void. Michigan was the last state in the country to criminalize it.
The Michigan Family Protection Act (2024 PA 24, HB 5207), signed by Governor Whitmer on April 1, 2024 and effective April 2, 2025, repealed the 1988 Surrogate Parenting Act and replaced it with a full statutory framework: the Assisted Reproduction and Surrogacy Parentage Act, MCL 722.1701–722.1909. Compensated gestational surrogacy is now expressly legal.
MCL 722.1903(2)(a) expressly allows the agreement to provide for "payment of compensation, support, and reasonable expenses." Under MCL 722.1909(1), an agreement that "substantially complies" with the statute is enforceable.
MCL 722.1902(f) states plainly that "the intended parent or parents must pay for independent legal representation for the surrogate." MCL 722.1901 requires that counsel be a Michigan-licensed attorney of your own choosing, representing you through negotiation, execution and the full duration of the agreement. Michigan and New York are the only two states that both require your counsel and assign the cost by statute.
MCL 722.1903(1)(g) requires the agreement to permit you to make all health and welfare decisions regarding yourself and the pregnancy, expressly including whether to consent to a cesarean section or a multiple embryo transfer. Any contract provision to the contrary is "void and unenforceable."
MCL 722.1905 lets any party terminate the agreement at any time before a gamete or embryo transfer by written notice. The intended parents remain responsible for your reimbursable expenses through the termination date, and absent fraud, no party is liable for penalties or liquidated damages for terminating. The agreement must disclose these rights to you (MCL 722.1903(1)(i)).
MCL 722.1901 requires you to be 21 or older, to have previously given birth to at least one child, and to have completed a medical evaluation and a mental health consultation. There is no marital-status, sexual-orientation, genetic-connection, medical-necessity or residency restriction — married and unmarried, same-sex and heterosexual couples and single parents can all be declared legal parents. Parentage judgments may be entered before or after birth under MCL 722.1908, with enforcement stayed until birth.
Source: MCL 722.1701 et seq. (2024 PA 24).
Michigan sets several eligibility rules by statute. MCL 722.1901 requires you to be 21 or older, to have previously given birth to at least one child, and to have completed both a medical evaluation and a mental health consultation. Those are legal requirements, not agency preferences. The remaining criteria below are agency and clinic screening standards.
Final eligibility is determined by the agency's medical team.
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Yes. Michigan legalized compensated gestational surrogacy effective April 2, 2025 under the Michigan Family Protection Act. Before that it was a felony. Intended parents must now pay for your own attorney.
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Michigan-specific guidance.
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
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