Michigan Laws 722.1906 – Establishment of parent-child relationship under surrogacy agreement
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Terms Used In Michigan Laws 722.1906
- 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 Donor: The person who makes a gift. Donor: means an individual who provides gametes intended for use in assisted reproduction, whether or not for compensation. See Michigan Laws 722.1703 Gestational surrogate: means an individual, not an intended parent, who agrees to become pregnant through assisted reproduction using gametes that are not the individual's own. 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 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) Except as otherwise provided in subsection (3) and sections 307(2), 308, and 309, on birth of a child conceived by assisted reproduction under a surrogacy agreement that complies with this part, each intended parent is, by operation of law, a parent of the child.
(2) Except as otherwise provided in subsection (3) and section 308 and 309, on birth of a child conceived by assisted reproduction under a surrogacy agreement that complies with this part, neither a surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of the child.
(3) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate, parentage must be determined based on law of this state other than this act.
(4) Except as otherwise provided in subsection (3) and sections 307(2), 308, and 309, if, because of a clinical or laboratory error, a child conceived by assisted reproduction under a surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.
(5) A donor is not a parent of a child conceived by assisted reproduction under a surrogacy agreement.