Michigan Laws 722.1804 – Parentage of deceased intended parent
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Terms Used In Michigan Laws 722.1804
- 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 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this act.
(2) If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if both of the following occurred:
(a) Either the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child or the individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by clear and convincing evidence.
(b) Either the transfer occurs not later than 36 months after the individual’s death or the child’s birth occurs not later than 45 months after the individual’s death.