Michigan Laws 722.1901 – Execution of surrogacy agreements; individual requirements
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Terms Used In Michigan Laws 722.1901
- Child: means an individual born as a result of assisted reproduction or under a surrogacy agreement, whose parentage may be determined under this act. See Michigan Laws 722.1703
- Intended parent: means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction or by assisted reproduction under a surrogacy agreement. See Michigan Laws 722.1703
- Medical evaluation: means a complete consultation with and evaluation by a physician. See Michigan Laws 722.1703
- Mental health consultation: means a consultation with and, when required by this act, an assessment by a mental health professional. See Michigan Laws 722.1703
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Surrogacy agreement: means an agreement between 1 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. See Michigan Laws 722.1703
- Surrogate: means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction under a surrogacy agreement. See Michigan Laws 722.1703
(1) To execute an agreement to act as a surrogate, an individual 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 concerning the surrogacy arrangement.
(d) Have completed a mental health consultation concerning the surrogacy arrangement.
(e) Have independent legal representation of the individual’s choice by an attorney licensed in this state throughout the agreement negotiation process, the execution of the agreement, and the duration of the agreement about the terms of the surrogacy agreement and the potential legal consequences of the surrogacy agreement.
(2) To execute a surrogacy agreement, an intended parent, whether or not genetically related to the child, must meet all of the following requirements:
(a) Be 21 years of age or older.
(b) Have completed a mental health consultation.
(c) Have independent legal representation of the intended parent’s or parents’ choice by an attorney licensed in this state throughout the agreement negotiation process, the execution of the agreement, and the duration of the agreement about the terms of the surrogacy agreement and the potential legal consequences of the surrogacy agreement.