Michigan Laws 722.1903 – Surrogacy agreement; compliance requirements; permissible provisions
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Terms Used In Michigan Laws 722.1903
- 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 722.1703Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. 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) A surrogacy agreement must comply with all of the following requirements:
(a) The surrogate must agree to attempt to become pregnant by means of assisted reproduction.
(b) Except as otherwise provided in sections 306, 308, and 309, the surrogate and the surrogate’s spouse or former spouse, if any, must have no claim to parentage of a child conceived by assisted reproduction under the agreement.
(c) The surrogate’s spouse, if any, must acknowledge and agree to comply with the obligations imposed on the surrogate by the agreement.
(d) Except as otherwise provided in sections 306, 308, and 309, the agreement must provide that the intended parent, or, if there are 2 intended parents, each intended parent jointly and severally, immediately on birth, will be the exclusive parent or parents of the child, regardless of the number of children born or gender or mental or physical condition of each child.
(e) Except as otherwise provided in sections 306, 308, and 309, the intended parent, or, if there are 2 intended parents, each parent jointly and severally, immediately on birth, will assume responsibility for the financial support of the child, regardless of the number of children born or gender or mental or physical condition of each child.
(f) The agreement must include information disclosing that the intended parent or parents will cover the agreed-on expenses of the surrogate, the assisted reproduction expenses, and the medical expenses for the surrogate and the child.
(g) The agreement must permit the surrogate to make all health and welfare decisions regarding the surrogate and the pregnancy, including, but not limited to, whether to consent to a cesarean section or multiple embryo transfer. Notwithstanding anything in this act, any provision in the agreement to the contrary is void and unenforceable. This act does not diminish the right of the surrogate under section 28 of article I of the state constitution of 1963.
(h) The surrogacy agreement must permit the surrogate to use the services of a health care practitioner of the surrogate’s choosing.
(i) The surrogacy agreement must include information about each party’s right under section 305 to terminate the surrogacy agreement.
(2) A surrogacy agreement may provide for 1 or both of the following:
(a) Payment of compensation, support, and reasonable expenses.
(b) Reimbursement of specific agreed-on expenses if the agreement is terminated under section 305.
(3) A right created under a surrogacy agreement is not assignable, and there is no third-party beneficiary of the surrogacy agreement other than the child.
(4) If any of the requirements of this part are not met, a court of competent jurisdiction must determine parentage under section 309(1) and (2).