Mich. Comp. Laws § 722.1701
Short title.
This act may be cited as the "assisted reproduction and surrogacy parentage act".
Michigan Compiled Laws — ASSISTED REPRODUCTION AND SURROGACY PARENTAGE ACT (Act 24 of 2024)
Michigan · statute · 24 of 2024, Mich. Comp. Laws · 22 active provisions
Mich. Comp. Laws § 722.1702
Applicability of act.
This act does not apply to the birth of a child conceived by sexual intercourse. Part 2 applies to the birth of a child by assisted reproduction not involving surrogacy. Part 3 applies to the birth of a child by assisted reproduction under a surrogacy agreement.
Mich. Comp. Laws § 722.1703
Definitions.
As used in this act: (a) "Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse including, but not limited to, all of the following: (i) Intrauterine, intracervical, or vaginal insemination. (ii) Donation of gametes. (iii) Donation of embryos. (iv) In vitro fertilizat…
Mich. Comp. Laws § 722.1704
Establishment of parent-child relationship.
A parent-child relationship is established between an individual and a child if 1 of the following occurs: (a) The individual gives birth to the child, except as provided in part 3. (b) The individual's parentage of a child is established under part 2. (c) The individual's parentage of a child is established under part…
Mich. Comp. Laws § 722.1705
Natural parent.
Unless parental rights are terminated, a parent-child relationship established under this act applies for all purposes. An individual who establishes a parent-child relationship under this act is considered a natural parent for all purposes, including under the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.3…
Mich. Comp. Laws § 722.1706
Donor status; assisted reproduction.
A donor is not a parent of a child conceived by assisted reproduction.
Mich. Comp. Laws § 722.1707
Venue for adjudication of parentage.
Venue for a proceeding to adjudicate parentage under this act is in the county of this state in which 1 of the following occurs: (a) The child resides, is born, or will be born. (b) A parent or intended parent resides. (c) A proceeding has been commenced for administration of the estate of an individual who is or may b…
Mich. Comp. Laws § 722.1708
Limitation on use of genetic testing.
Genetic testing may not be used for either of the following purposes: (a) To challenge the parentage of an individual who is a parent under part 2 or 3. (b) To establish the parentage of an individual who is a donor under this act.
Mich. Comp. Laws § 722.1709
Records.
On request of a party, the court may order the court records in an action under this act to be sealed to the general public. If the records are ordered sealed, all pleadings, papers, or documents in the court records, including the case history or registry of actions, must not be available for inspection, unless the co…
Mich. Comp. Laws § 722.1801
Consent to assisted reproduction; parent status.
An individual who consents under section 202 to assisted reproduction with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.
Mich. Comp. Laws § 722.1802
Requirements for consent to assisted reproduction.
(1) The consent described in section 201 must be either of the following: (a) In a record signed before, on, or after the birth of the child by the individual who gave birth to the child and by an individual who intends to be a parent of the child. An acknowledgment of parentage under the acknowledgment of parentage ac…
Mich. Comp. Laws § 722.1803
Adjudication of parentage; proceedings; burden of proof.
(1) An individual who is an intended parent or the individual who gave birth to the child may bring a proceeding to adjudicate parentage for a judgment of parentage in the family division of the circuit court. If the court determines the individual is a parent under this act, either because the individual gave birth to…
Mich. Comp. Laws § 722.1804
Parentage of deceased intended parent.
(1) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual's death does not preclude the establishment of the individual's parentage of the child if the individual otherwise wo…
Mich. Comp. Laws § 722.1901
Execution of surrogacy agreements; individual requirements.
(1) To execute an agreement to act as a surrogate, an individual must meet all of the following requirements: (a) Be 21 years of age or older. (b) Have previously given birth to at least 1 child. (c) Have completed a medical evaluation concerning the surrogacy arrangement. (d) Have completed a mental health consultatio…
Mich. Comp. Laws § 722.1902
Surrogacy agreement; process requirements.
A surrogacy agreement must meet all of the following requirements: (a) One or more of the following must apply: (i) At least 1 party must be a resident of this state. (ii) The birth will occur or is anticipated to occur in this state. (iii) The assisted reproduction performed under the surrogacy agreement will occur in…
Mich. Comp. Laws § 722.1903
Surrogacy agreement; compliance requirements; permissible provisions.
(1) A surrogacy agreement must comply with all of the following requirements: (a) The surrogate must agree to attempt to become pregnant by means of assisted reproduction. (b) Except as otherwise provided in sections 306, 308, and 309, the surrogate and the surrogate's spouse or former spouse, if any, must have no clai…
Mich. Comp. Laws § 722.1904
Effect of subsequent change in marital status.
(1) Unless a surrogacy agreement expressly provides otherwise, both of the following apply: (a) The marriage of a surrogate after the surrogacy agreement is signed by all parties does not affect the validity of the agreement, the spouse's consent to the agreement is not required, and the spouse is not a presumed parent…
Mich. Comp. Laws § 722.1905
Termination of surrogacy agreement.
(1) A party to a surrogacy agreement may terminate the agreement at any time before a gamete or an embryo transfer by giving notice of termination in a record to all other parties. If a gamete or an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamet…
Mich. Comp. Laws § 722.1906
Establishment of parent-child relationship under surrogacy agreement.
(1) Except as otherwise provided in subsection (3) and sections 307(2), 308, and 309, on birth of a child conceived by assisted reproduction under a surrogacy agreement that complies with this part, each intended parent is, by operation of law, a parent of the child. (2) Except as otherwise provided in subsection (3) a…
Mich. Comp. Laws § 722.1907
Parentage of deceased intended parent under surrogacy agreement.
(1) Section 306 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. (2) Except as otherwise provided in sections 308 and 309, an intended parent is not a parent of a child conceived by assisted reproduction under a surro…
Mich. Comp. Laws § 722.1908
Court judgment of parentage under surrogacy agreement.
(1) Before, on, or after the birth of a child conceived by assisted reproduction under a surrogacy agreement that complies with this part, a party to the agreement may commence an action in the family division of the circuit court for entry of a parentage judgment. The requested parentage judgment may be issued before…
Mich. Comp. Laws § 722.1909
Effect and enforceability of surrogacy agreement.
(1) A surrogacy agreement that substantially complies with sections 302 and 303 is enforceable. (2) If a child was conceived by assisted reproduction under a surrogacy agreement that does not substantially meet the material requirements of this part, a court must determine parentage consistent with the intent of the pa…