Governor Gretchen Whitmer signed the Michigan Family Protection Act (MFPA) into law in April 2024. The MFPA is a group of nine laws that update how Michigan handles surrogacy and assisted reproduction. The law gives all parents, including LGBTQ+ parents and those using IVF or surrogacy, equal legal rights from the start. It also makes paying a surrogate in Michigan legal and sets rules to protect everyone involved.
The law removes the old ban that made paid surrogacy a crime in Michigan. It also simplifies the legal process for parents to be recognized on their child’s birth certificate. Now, families can avoid lengthy, expensive court processes just to confirm who a child’s legal parents are.
At the bill signing, Governor Whitmer said, “Your family’s decisions should be up to you.” The Michigan Family Protection Act puts that idea into action by removing barriers to family-building across the state.
How the MFPA Changes Parentage and Paternity Laws in Michigan
The Michigan Family Protection Act updates several parts of Michigan family law, especially around parentage and paternity. Before the new law, many families, especially those using assisted reproduction or surrogacy, had to go to court to confirm legal parental rights. That process often took months and cost thousands of dollars.
Now, the new law gives parents more direct and fair options:
- Under the updated Michigan assisted reproduction laws, a non-birthing spouse in a marriage, such as in an LGBTQ+ relationship, now receives automatic legal parent status. The law also allows parents to establish legal parentage through an administrative process instead of going to court. That gives families a faster and more affordable path to secure their parental rights.
- The MFPA also modernizes surrogacy laws in Michigan. It allows intended parents to get a pre-birth parentage order, which means their names can go directly on the child’s birth certificate once the baby is born. That gives parents the legal authority they need from day one, which can be critical in emergency situations or when making medical decisions.
- The changes bring more clarity and security to all families, including those formed through IVF and surrogacy. The law aims to protect children and parents alike by making sure legal rights reflect people’s actual relationships, not just biology or outdated rules.
- The legal updates matter in cases of divorce or custody disputes. Courts now have clear rules to follow when deciding who holds legal parental rights. That gives families more predictability and fairness during legal challenges.
Need Legal Guidance About the MFPA? We’re Here to Help
If you have questions about how the Michigan Family Protection Act could affect your parental rights, custody situation, or divorce case, contact Kraayeveld Family Law now. Our team has over 30 years of experience handling complex family law matters in Michigan. We can discuss your options and what steps to take next.
Get in touch with us today to arrange your initial consultation with our Michigan family law attorneys.
