Bills Ensuring Parentage Protections, Security for Children Pass

Legislation enacts legal framework for surrogacy, clear link to parents

LANSING, Mich., Nov. 9, 2023 — The Michigan House voted on legislation today to provide security for Michigan children and parents, creating the Assisted Reproduction and Surrogacy Parentage Act. The legislation ensures children born in Michigan have access to a secure legal relationship with their parents, which is vital to their well-being. Michigan’s existing law leaves many children in Michigan born through assisted reproduction or surrogacy without clear legal protection and vulnerable to uncertainty regarding their legal status.

“As a breast cancer survivor, I can personally relate to the thousands of Michiganders who may turn to surrogacy because of a medical condition,” said state Rep. Samantha Steckloff  (D-Farmington Hills), the lead of the package and sponsor of House Bill 5207. “That being said, this act will positively impact so many people in a variety of contexts. This is long overdue, crucial legislation that protects kids and families by ensuring all children, regardless of their birth circumstance, have clear legal parentage.”

Under current law, surrogacy contracts are illegal in Michigan, leading to an unregulated environment that is difficult for surrogates and parents alike to navigate. Children born through assisted reproduction, such as in vitro fertilization, and surrogacy have no clear legal link to their parents. The legislation, also known as the Family Protection Act, will address these concerns and more to help keep families together, including same-sex couples and those who choose in vitro fertilization.

The other bills in the package are:

• HB 5208, sponsored by state Rep. Christine Morse (D-Texas Township), which amends requirements around the issuing of birth certificates to reflect the changes in HB 5207.
• HB 5209, sponsored by state Rep. Kelly Breen (D-Novi), eliminates sentencing guidelines for the crime of entering into a paid surrogacy contract.
• HB 5210, sponsored by state Rep. Jason Hoskins (D-Southfield), provides that children born through surrogacy or assisted reproduction are legal children for the purposes of inheritance.
• HB 5211, sponsored by state Rep. Jennifer Conlin (D-Ann Arbor Township), removes the determination of parentage for children born through assisted reproduction or surrogacy from the Paternity Act.
• HB 5212, sponsored by state Rep. Jason Morgan (D-Ann Arbor), removes the determination of parentage for children born through assisted reproduction or surrogacy from the Revocation of Parentage Act.
• HB 5213, sponsored by state Rep. Penelope Tsernoglou (D-East Lansing), removes the determination of parentage for children born through assisted reproduction or surrogacy from the Summary Support and Paternity Act.
• HB 5214, sponsored by state Rep. Laurie Pohutsky (D-Livonia), allows alleged and intended parents of children born through assisted reproduction or surrogacy to sign a legally binding acknowledgment of parentage.
• HB 5215, sponsored by state Rep. Amos O’Neal (D-Saginaw), removes the determination of parentage for children born through assisted reproduction or surrogacy from the Genetic Parentage Act.