Bill Text: MI SB0811 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Family law; other; surrogate parenting act; repeal, and establish the gestational surrogate parentage act. Creates new act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-23 - Referred To Committee On Families, Seniors And Human Services [SB0811 Detail]
Download: Michigan-2015-SB0811-Introduced.html
SENATE BILL No. 811
February 23, 2016, Introduced by Senators WARREN and BIEDA and referred to the Committee on Families, Seniors and Human Services.
A bill to establish gestational surrogate parentage contracts;
to allow gestational surrogate parentage contracts for
compensation; to provide for a child conceived, gestated, and born
according to a gestational surrogate parentage contract; to provide
for penalties and remedies; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"gestational surrogate parentage act".
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) "Gestational surrogate parentage contract" means a
contract, agreement, or arrangement in which a female agrees to
gestate a child that is not genetically related to her and
voluntarily relinquish her parental or custodial rights to the
child.
(d) "Intellectually disabled" means intellectual disability as
that term is defined in section 100b of the mental health code,
1974 PA 258, MCL 330.1100b.
(e) "Mental health professional" means that term as defined in
section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(f) "Mental illness" means that term as defined in section 400
of the mental health code, 1974 PA 258, MCL 330.1400.
(g) "Participating party" means a biological parent, surrogate
carrier, or the spouse of a biological parent, or surrogate
carrier, if any.
(h) "Physician" means an individual licensed under article 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,
to engage in the practice of medicine.
(i) "Surrogate carrier" means the female in whom an embryo is
implanted in a surrogate gestation procedure.
(j) "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.
(k) "Surrogate mother" means a female who is naturally or
artificially inseminated and who subsequently gestates a child
conceived through the insemination according to a gestational
surrogate parentage contract.
Sec. 5. (1) If the provisions of section 7 are met, a
gestational surrogate parentage contract is enforceable under the
provisions of this act.
(2) If the provisions of section 7 are met, a person may enter
into, arrange, procure, or otherwise assist in the formation of a
surrogate parentage contract, whether or not compensation is
provided.
(3) It is presumed that a contract, agreement, or arrangement
in which an individual agrees to conceive a child through natural
or artificial insemination by a person other than their spouse, or
in which an individual agrees to surrogate gestation, includes a
provision, whether or not express, that the individual will
relinquish their parental or custodial rights to the child.
Sec. 7. Before a gestational surrogate parentage contract can
be considered valid under this act, all of the following must
occur:
(a) Before the gestational surrogate parentage contract is
written, the surrogate carrier must submit to psychological testing
to ensure that there is informed consent.
(b) The surrogate carrier must obtain a statement from a
physician that states that the surrogate carrier is in good
physical health.
(c) All parties to the gestational surrogate parentage
contract must obtain a statement from a mental health professional
that states that the parties are in good mental health.
(d) The parties must petition the court for approval of the
contract in order for the contract to be valid and enforceable.
Information provided to the court under this subdivision,
including, but not limited to, the names of the parties and the
contents of the contract, shall not be released to the public
unless all parties to the contract provide written authorization to
the court for release of the information.
Sec. 9. (1) A person shall not enter into, induce, arrange,
procure, or otherwise assist in the formation of a gestational
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. 11. If a child is born to a surrogate carrier pursuant to
a surrogate parentage contract and there is a dispute between the
parties concerning custody of the child, the party having physical
custody of the child may retain physical custody of the child until
the circuit court orders otherwise. The circuit court shall award
legal custody of the child based on a determination of the best
interests of the child. As used in this section, "best interests of
the child" means that term as defined in section 3 of the child
custody act of 1970, 1970 PA 91, MCL 722.23.
Enacting section 1. The surrogate parenting act, 1988 PA 118,
MCL 400.851 to 400.76 to 400.863, is repealed.
Enacting section 2. This act takes effect 90 days after the
date it is enacted into law.
