Surrogacy is one of the things that is a hot topic in the United States. With many contracts that cover surrogacy, what is the legality of surrogacy in the State of Michigan? Read on to find out more about this specific topic.
Is surrogacy legal in Michigan?
The quickest answer we could give you is it depends. Surrogacy in Michigan is generally prohibited.
The laws in the State of Michigan prohibit paid surrogacy but allow surrogacy that is not compensated. Let us discuss the difference and what it means.
Based on the financial arrangement, there are two kinds of surrogacy – commercial surrogacy and altruistic surrogacy.
Paid or Commercial Surrogacy
Paid surrogacy is the arrangement where the parties enter into a contract where the parents, biological, would pay a mother, the surrogate, to carry their fertilized egg and sperm.
Michigan law states that surrogacy contracts are unenforceable. What does this mean?
An unenforceable contract simply means that the parties may not sue each other in case their relationship turns bitter.
Generally, altruistic surrogacy is not prohibited in Michigan. It is the arrangement where the parents do not pay the surrogate for the services but only cover the medical bills and expenses of the spouse.
Based on the kind of genetic material used, there are also two kinds of surrogacy.
Traditional surrogacy occurs when the surrogate is the mother of the child when the sperm is donated from another man or is taken from the father who will be the intended parents of the child.
Gestational surrogacy is the kind of surrogacy where the surrogate is not biologically related to the embryo but the embryo is implanted in the surrogate.
In all kinds of surrogacy, the legality is clear in the State of Michigan:
The contract is not enforceable if it is a paid surrogacy.
As discussed, the contract of surrogacy is not enforceable if it is a paid surrogacy. On the other hand, for altruistic surrogacy, the contract may be enforceable but only for the medical expenses of the child.
There are many things about the legality of a surrogacy contract in the State of Michigan that you should know about. Read on about it in the continuation of our article series on surrogacy.
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