Michigan Laws 722.1904 – Effect of subsequent change in marital status
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Terms Used In Michigan Laws 722.1904
- 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 722.1703Child: 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 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) Unless a surrogacy agreement expressly provides otherwise, both of the following apply:
(a) The marriage of a surrogate after the surrogacy agreement is signed by all parties does not affect the validity of the agreement, the spouse’s consent to the agreement is not required, and the spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement.
(b) The dissolution, annulment, or declaration of invalidity of the surrogate’s marriage, the legal separation of the surrogate, or a judgment of separate maintenance concerning the surrogate after the surrogacy agreement is signed by all parties does not affect the validity of the agreement.
(2) Unless a surrogacy agreement expressly provides otherwise, both of the following apply:
(a) The marriage of an intended parent after the surrogacy agreement is signed by all parties does not affect the validity of a surrogacy agreement, the consent of the spouse is not required, and the spouse is not, based on the agreement, a parent of a child conceived by assisted reproduction under the agreement.
(b) The dissolution, annulment, or declaration of invalidity of an intended parent’s marriage, the legal separation of an intended parent, or a judgment of separate maintenance concerning an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in sections 306, 308, and 309, the intended parent is a parent of the child.