Bill Text: MI HB5714 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Civil procedure: civil actions; civil action for making a false representation in assisted reproduction; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.
Spectrum: Slight Partisan Bill (Democrat 14-6)
Status: (Engrossed - Dead) 2022-12-07 - Referred To Committee Of The Whole With Substitute (s-1) [HB5714 Detail]
Download: Michigan-2021-HB5714-Engrossed.html
HOUSE BILL NO. 5714
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2980.
the people of the state of michigan enact:
Sec. 2980. (1) A person that engages in false representation in assisted reproduction is liable to an individual described in subsection (2) for 1 or more of the following:
(a) Economic and noneconomic damages.
(b) Punitive damages.
(c) Reasonable attorney fees and costs.
(2) Any individual who is injured by a false representation in assisted reproduction may bring an action under this section, including but not limited to any of the following:
(a) The patient who gives birth to a child conceived through assisted reproduction as a result of the false representation in assisted reproduction.
(b) The patient's spouse at the time the patient used the assisted reproduction services.
(c) An individual conceived through assisted reproduction as a result of the false representation in assisted reproduction.
(d) A donor whose gamete or human embryo resulted in the birth of a child as a result of false representation in assisted reproduction.
(3) A person who brings an action under this section has a separate cause of action for each child born as a result of the false representation in assisted reproduction.
(4) An action under this section must be brought not later than 3 years after the person bringing the action discovers the false representation in assisted reproduction.
(5) An action under this section is in addition to any other criminal or civil penalties or remedies provided by law.
(6) As used in this section:
(a) "False representation in assisted reproduction" means conduct or a practice of conduct described in section 219g(1) of the Michigan penal code, 1931 PA 328, MCL 750.219g.
(b) "Gamete", "human embryo", and "patient" mean those terms as defined in section 219g of the Michigan penal code, 1931 PA 328, MCL 750.219g.
(c) "Person" means an individual or a partnership, corporation, limited liability company, association, or other legal entity.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5716 (request no. 03803'21) of the 101st Legislature is enacted into law.
