HOUSE BILL NO. 4804
June 15, 2023, Introduced by Reps. Morse and Morgan and referred to the Committee on
Government Operations.
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:
1 Sec. 3. As used in this act:
2 (a) "Compensation" means a payment of money, objects,
3 services, or anything else having monetary value except payment of
4 expenses incurred as a result of the pregnancy and the actual
5 medical expenses of a surrogate mother or surrogate carrier.
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1 (b) "Developmental disability" means that term as defined in
2 section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
3 (c) "Intellectually disabled" means intellectual disability as
4 that term is defined in section 100b of the mental health code,
5 1974 PA 258, MCL 330.1100b.
6 (d) "Mental illness" means that term as defined in section 400
7 of the mental health code, 1974 PA 258, MCL 330.1400.
8 (e) "Participating party" means a biological mother,
9 biological father, surrogate carrier, or the spouse of a biological
10 mother, biological father, or surrogate carrier, if any.
11 (f) "Surrogate carrier" means the female in whom an embryo is
12 implanted in a surrogate gestation procedure.
13 (g) "Surrogate gestation" means the implantation in a female
14 of an embryo not genetically related to that female and subsequent
15 gestation of a child by that female.
16 (h) "Surrogate mother" means a female who is naturally or
17 artificially inseminated and who subsequently gestates a child
18 conceived through the insemination according to a surrogate
19 parentage contract.
20 (i) "Surrogate parentage contract" means a contract,
21 agreement, or arrangement in which a female agrees to conceive a
22 child through natural or artificial insemination, or in which a
23 female agrees to surrogate gestation, and to voluntarily relinquish
24 her parental or custodial rights to the child. It is presumed that
25 a contract, agreement, or arrangement in which a female agrees to
26 conceive a child through natural or artificial insemination by a
27 person other than her husband, spouse, or in which a female agrees
28 to surrogate gestation, includes a provision, whether or not
29 express, that the female will relinquish her parental or custodial
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1 rights to the child.
2 Enacting section 1. This amendatory act does not take effect
3 unless Senate Joint Resolution ____ or House Joint Resolution F
4 (request no. 00367'23) of the 102nd Legislature becomes a part of
5 the state constitution of 1963 as provided in section 1 of article
6 XII of the state constitution of 1963.
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Statutes affected:
House Introduced Bill: 722.853