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Michigan practitioners Ryan M. O’Neil and Kate Weaver from Oakland County Friend of the Court recently joined us in studio to share their expertise in your “Family Law Update 2025” on-demand seminar.

Here are some key takeaways from their segment on statutory updates in Michigan.

These excerpts have been edited for length and clarity.

 

Key Takeaways on Statutory Updates in Michigan

 

Big Changes to Paternity Statutes

The Revocation of Paternity Act in Michigan has been renamed to the Revocation of Parentage Act. Significant terminology changes include replacing "father" with "parent" and "paternity" with "parentage" throughout the act. New definitions and provisions were added, including the definition of "donor" to align with the new Assisted Reproduction and Surrogacy Parentage Act. The act now includes guidelines for considering the duration a presumed parent was aware of potential nonpaternity and prohibits using genetic testing to establish parentage if a donor is involved.

Legalization of Compensated Surrogacy

“This is a landmark act,” Kate says. “Michigan had been one of two states that still had a criminal ban on compensated surrogacy.” The new law establishes standards to protect all parties involved, including biological parents, surrogates, and children. Key requirements for surrogates include being at least 21, having undergone medical and psychological evaluations, and previously giving birth. Intended parents also need to be at least 21 with a mental health consultation. Both surrogates and intended parents must have independent legal counsel.

Details and Standards for Surrogacy Agreements

The new law covers aspects like payment, compensation, support, and reasonable expenses. At least one party involved in the agreement must have a Michigan connection, whether through residency, birth location, or part of the assisted reproduction process. Additionally, the legislation aims to improve access to fertility health care and provides safeguards for parents using assisted reproductive technologies.