Bill Text: MI HB5350 | 2013-2014 | 97th Legislature | Engrossed
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-Engrossed.html
HB-5350, As Passed House, March 5, 2014
HOUSE BILL No. 5350
February 20, 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 and referred to the Committee on Health Policy.
A bill to amend 1988 PA 199, entitled
"Surrogate parenting act,"
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, Act
No. 258 of the Public
Acts
of 1974, being sections 330.1001 to 330.2106 of the Michigan
Compiled
Laws.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) (c)
"Mental illness" means
that term as defined in section
400
of the mental health code, Act No.
258 of the Public Acts of
1974.1974 PA 258, MCL 330.1400.
(d)
"Mentally retarded" means that term as defined in the
mental
health code, Act No. 258 of the Public Acts of 1974.
(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 pursuant 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 mentally retarded 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 mentally retarded 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 mentally retarded
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.
