Bill Text: MI HB5350 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Children; other; reference to mentally retarded and mental retardation; modify. Amends secs. 3, 7 & 9 of 1988 PA 199 (MCL 722.853 et seq.).
Spectrum: Bipartisan Bill
Status: (Passed) 2014-04-17 - Assigned Pa 69'14 With Immediate Effect [HB5350 Detail]
Download: Michigan-2013-HB5350-Chaptered.html
Act No. 69
Public Acts of 2014
Approved by the Governor
March 28, 2014
Filed with the Secretary of State
March 28, 2014
EFFECTIVE DATE: March 28, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Cochran, Cavanagh, Knezek, Brinks, Faris, Townsend, Phelps, Smiley, Brunner, Yanez, Lamonte, Dillon, Dianda, Kivela, Slavens, Segal, Irwin, Schor, Banks, Darany, Foster, Lyons, Somerville, Kelly, Yonker, Muxlow, Pagel, Heise, Hooker, Hovey-Wright, Price, Zemke, Haines, Crawford, Singh, Poleski, Graves, Lori, McCready, O’Brien, Cotter, Leonard, Geiss and Tlaib
ENROLLED HOUSE BILL No. 5350
AN ACT to amend 1988 PA 199, entitled “An act to establish surrogate parentage contracts as contrary to public policy and void; to prohibit surrogate parentage contracts for compensation; to provide for children conceived, gestated, and born pursuant to a surrogate parentage contract; and to provide for penalties and remedies,” by amending sections 3, 7, and 9 (MCL 722.853, 722.857, and 722.859), section 3 as amended by 1990 PA 190.
The People of the State of Michigan enact:
Sec. 3. As used in this act:
(a) “Compensation” means a payment of money, objects, services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate mother or surrogate carrier.
(b) “Developmental disability” means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
(c) “Intellectually disabled” means intellectual disability as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(d) “Mental illness” means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.
(e) “Participating party” means a biological mother, biological father, surrogate carrier, or the spouse of a biological mother, biological father, or surrogate carrier, if any.
(f) “Surrogate carrier” means the female in whom an embryo is implanted in a surrogate gestation procedure.
(g) “Surrogate gestation” means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female.
(h) “Surrogate mother” means a female who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination according to a surrogate parentage contract.
(i) “Surrogate parentage contract” means a contract, agreement, or arrangement in which a female agrees to conceive a child through natural or artificial insemination, or in which a female agrees to surrogate gestation, and to voluntarily relinquish her parental or custodial rights to the child. It is presumed that a contract, agreement, or arrangement in which a female agrees to conceive a child through natural or artificial insemination by a person other than her husband, or in which a female agrees to surrogate gestation, includes a provision, whether or not express, that the female will relinquish her parental or custodial rights to the child.
Sec. 7. (1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability is the surrogate mother or surrogate carrier.
(2) A person other than an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability who enters into, induces, arranges, procures, or otherwise assists in the formation of a contract described in subsection (1) is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.
Sec. 9. (1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.
(2) A participating party other than an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a mental illness or developmental disability who knowingly enters into a surrogate parentage contract for compensation is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or both.
(3) A person other than a participating party who induces, arranges, procures, or otherwise assists in the formation of a surrogate parentage contract for compensation is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
