Michigan Laws 722.1902 – Surrogacy agreement; process requirements
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Terms Used In Michigan Laws 722.1902
- Assisted reproduction: means a method of causing pregnancy through means other than by sexual intercourse including, but not limited to, all of the following:
(i) Intrauterine, intracervical, or vaginal insemination. See Michigan Laws 722.1703Intended 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 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
A surrogacy agreement must meet all of the following requirements:
(a) One or more of the following must apply:
(i) At least 1 party must be a resident of this state.
(ii) The birth will occur or is anticipated to occur in this state.
(iii) The assisted reproduction performed under the surrogacy agreement will occur in this state.
(b) The surrogate and each intended parent must meet the requirements of section 301.
(c) Each intended parent, the surrogate, and the surrogate’s spouse, if any, must be parties to the agreement.
(d) Each party listed in subdivision (c) must sign the agreement.
(e) The signature of each party to the agreement must be attested by a notarial officer.
(f) The intended parent or parents must pay for independent legal representation for the surrogate.
(g) The agreement must be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultations required by section 301.