Bill Text: MI HB5210 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Probate: wills and estates; intestate succession; revise for children conceived by assisted reproduction or surrogacy. Amends sec. 2114 of 1998 PA 386 (MCL 700.2114). TIE BAR WITH: HB 5207'23, HB 5212'23
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2024-04-09 - Assigned Pa 27'24 [HB5210 Detail]
Download: Michigan-2023-HB5210-Introduced.html
HOUSE BILL NO. 5210
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 2114 (MCL 700.2114), as amended by 2012 PA 160.
the people of the state of michigan enact:
Sec. 2114. (1) Except as provided in subsections (2) , (3), and (4), to (5), for purposes of intestate succession by, through, or from an individual, an individual is the child of his or her the child's natural parents, regardless of their marital status. The parent and child relationship may be established and the individual may be considered a child's natural parent in any of the following manners:
(a) If a child is born or conceived during a marriage, both spouses are presumed to be the natural parents of the child for purposes of intestate succession. A child conceived by a married woman with the consent of her husband following utilization of assisted reproductive technology is considered as their child for purposes of intestate succession. Consent of the husband is presumed unless the contrary is shown by clear and convincing evidence. If a man and a woman 2 individuals participated in a marriage ceremony in apparent compliance with the law before the birth of a child, even though the attempted marriage may be void, the child is presumed to be their child for purposes of intestate succession.
(b) If a child is born out of wedlock or if a child is born or conceived during a marriage but is not the issue of that marriage, a man an individual who did not give birth is considered to be the child's natural father parent for purposes of intestate succession if any of the following occur:
(i) The man individual who did not give birth joins with the child's mother and acknowledges that child as his child by completing an acknowledgment of parentage as prescribed in the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.
(ii) The man individual who did not give birth joins the mother in a written request for a correction of certificate of birth pertaining to the child that results in issuance of a substituted certificate recording the child's birth.
(iii) The man individual who did not give birth and child have established a mutually acknowledged relationship of parent and child that begins before the child becomes age 18 and continues until terminated by the death of either.
(iv) The man individual who did not give birth is determined to be the child's father parent and an order of filiation establishing that paternity or parentage is entered as provided in the paternity act, 1956 PA 205, MCL 722.711 to 722.730..
(v) Regardless of the child's age or whether or not the alleged father individual with a claim to parentage has died, the court with jurisdiction over probate proceedings relating to the decedent's estate determines that the man individual who did not give birth is the child's father, parent, using the standards and procedures established under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or other law of this state.
(vi) The man individual who did not give birth is determined to be the father parent in an action under the revocation of paternity parentage act, 2012 PA 159, MCL 722.1431 to 722.1445.
(c) A child who is not conceived or born during a marriage is an individual born in wedlock if the child's parents marry after the conception or birth of the child.
(d) A child conceived by assisted reproduction with the consent of an individual consistent with the assisted reproduction and surrogacy parentage act is considered the child of the intended parent or parents for purposes of intestate succession.
(e) A child conceived by assisted reproduction under a surrogacy agreement that complies with the assisted reproduction and surrogacy parentage act is considered the child of the intended parent or parents for purposes of intestate succession.
(2) An adopted individual is the child of his or her the child's adoptive parent or parents and not of his or her the child's natural parents, but adoption of a child by the spouse of either natural parent has no effect on either the relationship between the child and that natural parent or the right of the child or a descendant of the child to inherit from or through the other natural parent. An individual is considered to be adopted for purposes of this subsection when a court of competent jurisdiction enters an interlocutory decree of adoption that is not vacated or reversed.
(3) The permanent termination of parental rights of a minor child by an order of a court of competent jurisdiction; by a release for purposes of adoption given by the parent, but not a guardian, to the family independence agency department of health and human services or a licensed child placement agency, or before a probate or juvenile court; or by any other process recognized by the law governing the parent-child status at the time of termination, excepting termination by emancipation or death, ends kinship between the parent whose rights are so terminated and the child for purposes of intestate succession by that parent from or through that child.
(4) Inheritance from or through a child by either natural parent or his or her the individual's child kindred is precluded unless that natural parent has openly treated the child as his or hers, the natural parent's child and has not refused to support the child.
(5) Only the individual presumed to be the natural parent of a child under subsection (1)(a) may disprove a presumption that is relevant to that parent and child relationship, and this exclusive right to disprove the presumption terminates on the death of the presumed parent.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5207 (request no. 03362'23 *).
(b) Senate Bill No.____ or House Bill No. 5212 (request no. 03362'23 c).
