The bill amends the Revised Judicature Act of 1961 by adding a new section, 2980, which establishes legal liabilities for individuals who engage in false representation in assisted reproduction. Under this new section, individuals harmed by such false representations can seek economic and noneconomic damages, punitive damages, and reasonable attorney fees and costs. The bill specifies that various parties, including the patient who gives birth, the patient's spouse, individuals conceived through assisted reproduction, and donors whose gametes or embryos were involved, may bring legal action. Each child born as a result of the false representation constitutes a separate cause of action, and claims must be filed within three years of discovering the false representation.
Additionally, the bill clarifies definitions related to assisted reproduction, including terms like "false representation in assisted reproduction," "gamete," "human embryo," and "patient," as defined in the Michigan penal code. It also states that the new legal actions are supplementary to any existing criminal or civil penalties. The enactment of this bill is contingent upon the passage of House Bill No. 5036.
Statutes affected: House Introduced Bill: 600.101, 600.9947