Legislative Analysis
Phone: (517) 373-8080
ASSISTED REPRODUCTION AND
http://www.house.mi.gov/hfa
SURROGACY PARENTAGE ACT
Analysis available at
House Bill 5207 (H-1) as passed by the House http://www.legislature.mi.gov
Sponsor: Rep. Samantha Steckloff
House Bill 5208 as passed by the House House Bill 5212 (H-1) as passed by the House
Sponsor: Rep. Christine Morse Sponsor: Rep. Jason Morgan
House Bill 5209 as passed by the House House Bill 5213 as passed by the House
Sponsor: Rep. Kelly Breen Sponsor: Rep. Penelope Tsernoglou
House Bill 5210 (H-1) as passed by the House House Bill 5214 (H-1) as passed by the House
Sponsor: Rep. Jason Hoskins Sponsor: Rep. Laurie Pohutsky
House Bill 5211 as passed by the House House Bill 5215 as passed by the House
Sponsor: Rep. Jennifer A. Conlin Sponsor: Rep. Amos O’Neal
House Committee: Judiciary
Senate Committee: Civil Rights, Judiciary, and Public Safety
Complete to 5-23-24
(Enacted as Public Acts 24 to 32 of 2024)
SUMMARY:
House Bills 5207 to 5215 would repeal the Surrogate Parenting Act and create a new act, the
Assisted Reproduction and Surrogacy Parentage Act. The new act would address issues related
to the birth of a child by assisted reproduction, including under a surrogacy agreement,
including legal presumptions concerning parentage, procedures and requirements for surrogacy
agreements, legal venue and judicial responsibilities, and related issues. The other bills in the
package would make coordinating changes in several other statutes.
Current law
As noted, the bills would repeal the Surrogate Parenting Act. 1 That act, which became law in
1988, declares surrogate parentage contracts void and unenforceable, and defines them as
agreements under 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.”
Entering into such a contract for compensation (if a participating party) is a misdemeanor
punishable by imprisonment for up to one year or a fine of up to $10,000, or both, and arranging
one for compensation (if not a participating party) is a felony punishable by imprisonment for
up to five years, or a fine of up to $50,000, or both. The latter penalty also applies to entering
into or arranging a contract (regardless of whether for compensation) in which an
unemancipated minor or an individual diagnosed as being intellectually disabled or having a
mental illness or developmental disability is the surrogate mother (genetically related to the
1
http://legislature.mi.gov/doc.aspx?mcl-Act-199-of-1988
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 child) or surrogate carrier (not genetically related). For purposes of the above provisions,
compensation does not include payment of expenses incurred as a result of the pregnancy or
the surrogate’s actual medical expenses, and participating party means a biological mother,
biological father, surrogate carrier, or the spouse of any of those individuals.
Under the act, if a child is born to a surrogate mother or surrogate carrier under a surrogate
parentage contract, and there is a dispute between the parties concerning custody of the child,
the party with physical custody of the child can retain physical custody until the circuit court
orders otherwise. The court must award legal custody of the child based on a determination of
the child’s best interests.
House Bill 5207 would create a new act, the Assisted Reproduction and Surrogacy Parentage
Act, and repeal the Surrogate Parenting Act. Part 1 of the new act contains general provisions,
Part 2 would apply to the birth of a child by assisted reproduction not involving surrogacy,
and Part 3 would apply to the birth of a child by assisted reproduction under a surrogacy
agreement.
Assisted reproduction would mean a method of causing pregnancy by a means other
than sexual intercourse, including all of the following:
• Intrauterine, intracervical, or vaginal insemination.
• Donation of gametes (i.e., egg cells or sperm).
• Donation of embryos.
• In vitro fertilization and embryo transfer.
• Intracytoplasmic sperm injection (in which a single healthy sperm is injected
directly into a mature egg).
• Assisted reproductive technology.
Surrogacy agreement would mean an agreement between one or more intended
parents and a surrogate in which the surrogate agrees to become pregnant by assisted
reproduction and that provides that each intended parent is a parent of a child conceived
under the agreement. Unless otherwise specified, the term refers to both a genetic
surrogacy agreement and a gestational surrogacy agreement. (See the definitions of
genetic surrogate and gestational surrogate below.)
Intended parent would mean an individual, married or unmarried, who manifests an
intent to be legally bound as a parent of a child conceived by assisted reproduction
(Part 2) or by assisted reproduction under a surrogacy agreement (Part 3).
Surrogate would mean an individual who is not an intended parent and who agrees to
become pregnant through assisted reproduction under a surrogacy agreement (Part 3).
Surrogate would include a genetic surrogate or gestational surrogate, as applicable.
Genetic surrogate would mean an individual who is not an intended parent and who
agrees to become pregnant through assisted reproduction using their own gametes.
Gestational surrogate would mean an individual who is not an intended parent and
who agrees to become pregnant through assisted reproduction using gametes that are
not their own.
House Fiscal Agency HBs 5207 to 5215 as passed by the House Page 2 of 15
 Part 1 (General provisions)
The new act would not apply to the birth of a child conceived by sexual intercourse.
Parent-child relationship
Under the act, a parent-child relationship would be established between an individual and a
child if one of the following occurs:
• The individual gives birth to the child (except as provided in Part 3).
• The individual’s parentage of a child is established under Part 2.
• The individual’s parentage of a child is established under Part 3.
A parent-child relationship established under the act would apply for all purposes, unless
parental rights are terminated. An individual who establishes a parent-child relationship under
the act would be considered a natural parent for all purposes, including under the Child Custody
Act.
A donor would not be a parent of a child conceived by assisted reproduction.
Donor would mean an individual who provides gametes intended for use in assisted
reproduction, regardless of whether they are provided for compensation. Donor would
not include an individual who gives birth to a child conceived by assisted reproduction,
except in the case of surrogacy, or an individual who is a parent under the rules
governing the parentage of children conceived by assisted reproduction or assisted
reproduction under a surrogacy agreement under Parts 2 and 3.
Court proceedings
Venue for a proceeding to adjudicate parentage under the act would be in the county where the
child resides, is born, or will be born; where a parent or intended parent resides; or where a
proceeding has been commenced for administration of the estate of an individual who is or
who may be a parent under the act.
Upon the request of a party, the court could order the court records in an action under the act
sealed to the general public, in which case all pleadings, papers, or documents in those records,
including the case history or registry of actions, would not be available for inspection, except
if requested by the child or a party or if the court, for good cause shown, orders the inspection.
The act would prohibit the use of genetic testing to challenge the parentage of a parent under
Part 2 or Part 3 or to establish the parentage of a donor under the act.
Part 2 (Parentage of child by assisted reproduction not involving surrogacy)
Consent
The act would provide that an individual who consents to assisted reproduction with the intent
to be a parent of a child conceived by the assisted reproduction is a parent of the child. This
consent would have to be either of the following:
• In a record signed before, on, or after the birth of the child by the individual who gave
birth to the child and by an individual who intends to be a parent of the child. An
acknowledgment of parentage under the Acknowledgment of Parentage Act would be
a record within the meaning of this provision.
• In an agreement entered into before conception that the individual who gave birth to
the child and the individual who intends to be a parent of the child intended that they
both would be parents of the child.
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 Failure to consent as described above would not preclude a court from finding consent to parent
if, for the first two years of the child’s life, including any period of temporary absence, the
individual resided in the same household with the child and openly held the child out as theirs.
Adjudication
An intended parent or the individual who gave birth to the child could bring a proceeding to
adjudicate parentage for a judgment of parentage in the family division of circuit court. If the
court determines that the individual is a parent under the act, either because the individual gave
birth to the child or because the individual is a consenting intended parent as described above,
the court would have to adjudicate the individual to be a parent of the child.
The individual who gave or will give birth or an individual who is or claims to be a parent
under these provisions could commence an action before or after the birth of a child to obtain
a judgment to declare that the intended parent or parents are the parent or parents of the
resulting child immediately upon birth of the child and order that parental rights and
responsibilities vest exclusively in the intended parent or parents immediately upon birth of the
child. A certificate of live birth of a child would have to comply with the new act and be
established as provided under Part 28 (Vital Records) of the Public Health Code. 2
Upon request of a party and consistent with other state law, the court in an action under the act
could order the name of the child changed. If the final judgment varies from the child’s birth
certificate, the court would have to order the state registrar to issue an amended birth certificate.
A judgment issued before the birth of the child would not take effect until that birth. This
provision would not limit the court’s authority to issue other orders under other state law.
The state, the department (not specified), and the hospital where the child is born or is expected
to be born would not be necessary parties to an action under these provisions.
The burden of proof in an action under these provisions would be by a preponderance of the
evidence.
Event of death
If an individual who intends to be a parent of a child conceived by assisted reproduction dies
after the transfer of a gamete or embryo and before the birth of the child, the individual’s death
would not preclude the establishment of the individual’s parentage of the child if the individual
otherwise would be a parent of the child under the act.
If an individual who consented in a record to assisted reproduction by an individual who agreed
to give birth to a child dies before a transfer of gametes or embryos, the deceased individual
would be a parent of a child conceived by the assisted reproduction only if both of the following
apply:
• Either of the following:
o The individual consented in a record that if assisted reproduction were to occur
after the death of the individual, the individual would be a parent of the child.
o The individual’s intent to be a parent of a child conceived by assisted
reproduction after the individual’s death is established by clear and convincing
evidence.
2
See House Bill 5208, below. Section 28: http://legislature.mi.gov/doc.aspx?mcl-368-1978-2-28
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 • Either of the following:
o The transfer occurs not later than 36 months after the individual’s death.
o The child’s birth occurs not later than 45 months after the individual’s death.
Part 3 (Parentage of child born through surrogacy)
Requirements for parties to the agreement
To execute an agreement to act as a surrogate, an individual would have to be at least 21 years
old and have previously given birth to a child. Before entering into an agreement, the individual
would have to have a complete consultation and evaluation by a physician, and a consultation
with a mental health professional, concerning the surrogacy arrangement.
To execute a surrogacy agreement, an intended parent, whether or not genetically related to the
child, would have to be at least 21 years old and have had a consultation with a mental health
professional.
In addition, both the surrogate and the intended parent would have to have independent legal
representation of their choice by an attorney licensed in Michigan throughout the agreement
negotiation process, the execution of the agreement, and the duration of the agreement
concerning the terms of the surrogacy agreement and the potential legal consequences of the
surrogacy agreement. The intended parent or parents would have to pay for the surrogate’s
independent legal representation.
Requirements for agreements
One or more of the following would have to apply to a surrogacy agreement:
• A party is a Michigan resident.
• The birth will occur or is anticipated to occur in Michigan.
• The assisted reproduction performed under the surrogacy agreement will occur in
Michigan.
Each intended parent, the surrogate, and the surrogate’s spouse, if any, would have to be parties
to the agreement, and sign it, with the signature of each attested by a notarial officer.
The surrogacy agreement would have to be executed before a medical procedure occurs related
to the agreement (other than the medical and mental health consultations described above).
A surrogacy agreement would have to comply with all of the following:
• The surrogate must agree to attempt to become pregnant by means of assisted
reproduction.
• The surrogate’s spouse, if any, must acknowledge and agree to comply with the
obligations imposed on the surrogate by the agreement.
• The agreement must include information disclosing that the intended parent or parents
will cover the agreed-upon expenses of the surrogate, the assisted reproduction
expenses, and the medical expenses for the surrogate and the child.
• The agreement must allow the surrogate to make all health and welfare decisions
regarding the surrogate and the pregnancy, including whether to consent to a cesarean
section or multiple embryo transfer. Any provision in an agreement to the contrary
would be void and unenforceable. The act would not diminish the right of the surrogate
House Fiscal Agency HBs 5207 to 5215 as passed by the House Page 5 of 15
 under section 28 of Article I of the state constitution (which guarantees the right to
reproductive freedom). 3
• The agreement must allow the surrogate to use the services of a health care practitioner
of their choosing.
• The agreement must include information about each party’s right to terminate the
agreement.
• Except as described below, the surrogate and the surrogate’s spouse or former spouse,
if any, must have no claim to parentage of a child conceived by assisted reproduction
under the agreement.
• Except as described below,