SENATE BILL NO. 1177
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "gestational surrogacy parentage act".
(a) "Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse.
(b) "Best interests of the child" means that term as defined in section 3 of the child custody act of 1970, 1970 PA 91, MCL 722.23.
(c) "Child" means an individual born under a gestational surrogacy agreement, whose parentage may be determined under this act.
(d) "Compensation" means a payment of money, objects, services, or anything else that has monetary value. Compensation does not include payment of any of the following:
(i) Expenses incurred as a result of the pregnancy by a gestational surrogate.
(ii) The gestational surrogate's actual medical, legal, and other professional expenses and any incidental cost or fee.
(iii) Time lost from work by the gestational surrogate because of the surrogate gestation or the gestational surrogacy agreement.
(iv) Reasonable and actual living expenses for the gestational surrogate consistent with payments allowed for adoption under section 54 of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.54.
(e) "Developmental disability" means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
(f) "Expense" includes, but is not limited to, medical, legal, and other professional and incidental cost, fee, or lost time from work related to the surrogate gestation or the gestational surrogacy agreement.
(g) "Gamete provider" means an individual who provides sperm or an egg for use in assisted reproduction.
(h) "Gestational surrogacy agreement" means a contract, agreement, or arrangement in which both of the following apply:
(i) A gestational surrogate agrees, and, if married, the gestational surrogate's legal spouse also agrees, to do both of the following:
(A) Undertake the obligations imposed on the gestational surrogate under the terms of the gestational surrogacy agreement.
(B) Voluntarily relinquish parental and custodial rights to the child to the intended parent for the intended parent to assume full legal and physical custody of the child.
(ii) The intended parent agrees to be the legal parent and assumes full legal and physical custody and responsibility of the child by operation of law.
(i) "Gestational surrogate" means an adult, not an intended parent, who enters into a gestational surrogacy agreement to bear a child and who is not a gamete provider for the child.
(j) "Intellectually disabled" means intellectual disability as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(k) "Intended parent" means an individual who intends to become the legal parent and assumes full legal and physical custody by operation of law of the child that results from a gestational surrogacy agreement.
(l) "Mental health professional" means that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(m) "Mental illness" means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.
(n) "Physician" means an individual licensed under part 170 or 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556, to engage in the practice of medicine or osteopathic medicine and surgery.
(o) "Surrogate gestation" means the transfer, by a physician, into the gestational surrogate's uterus, of an embryo that was not procreated from the individual's own egg.
(p) "Transfer" means a procedure for assisted reproduction by which the embryo is placed into the body of the gestational surrogate.
Sec. 5. (1) In order to enter into a gestational surrogacy agreement, a gestational surrogate must meet all of the following requirements:
(a) Be 21 years of age or older.
(b) Have previously given birth to at least 1 child.
(c) Have completed a medical evaluation by a physician.
(d) Have completed a mental health consultation by a mental health professional.
(e) Have consulted with independent legal counsel about the terms of the gestational surrogacy agreement.
(f) Have, or shall obtain, a health insurance policy or other coverage for major medical treatment and hospitalization. The health insurance policy or other coverage must extend throughout the duration of the expected pregnancy and for 8 weeks after the child's birth.
(2) In order to enter into a gestational surrogacy agreement, an intended parent must meet both of the following requiremen