HB 6392 - Gestational Surrogacy Parentage Act

• Establishes a legal framework for gestational surrogacy agreements in Michigan, replacing the prior 1988 Surrogate Parenting Act.

• Requires gestational surrogates to be at least 21 years old, have previously given birth, complete medical and mental health evaluations, obtain independent legal counsel, and maintain health insurance coverage through 8 weeks postpartum.

• Prohibits compensation to any party for surrogacy arrangements, though permits payment of pregnancy-related medical expenses, legal fees, lost wages, and reasonable living expenses.

• Vests full legal and physical custody of the child exclusively in the intended parent by operation of law upon birth, with the gestational surrogate having no parental or custodial rights.

• Allows intended parents to obtain birth certificates naming them as the legal parent through administrative certification or by court order in family court, with jurisdiction available if any party resides in Michigan or the agreement is executed there.