Bill Text: MI HB5241 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Children: other; certain references in the surrogate parenting act; make gender neutral. Amends sec. 3 of 1988 PA 199 (MCL 722.853). TIE BAR WITH: HJR J'21
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-14 - Bill Electronically Reproduced 07/01/2021 [HB5241 Detail]
Download: Michigan-2021-HB5241-Introduced.html
HOUSE BILL NO. 5241
A bill to amend 1988 PA 199, entitled
"Surrogate parenting act,"
by amending section 3 (MCL 722.853), as amended by 2014 PA 69.
the people of the state of michigan enact:
(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, spouse, 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.
Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution ____ (request no. 02344'21) of the 101st Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.
