2023 House Bill 5207 / 2024 Public Act 24

Co-sponsored by Reps. Jason Morgan (D-23), Jennifer Conlin (D-48) and Amos O’Neal (D-94)

1. Amend page 3, line 17, after “or” by striking out “more” and inserting “2”.

1. Amend page 9, line 11, after “(1)” by striking out “A” and inserting “Subject to subsection (5), a”.

2. Amend page 11, following line 4, by inserting:

“(5) Any provision within a surrogacy agreement that requires the surrogate to consent to an abortion for any reason, including but not limited to, the following reasons, is void and unenforceable:

(a) The selective reduction of multiple embryos or fetuses.

(b) A prenatal diagnosis of an actual or potential disability, impairment, genetic variation, or any other health condition.

(c) A determination of the gender of the fetus.”.

1. Amend page 16, following line 10, by inserting:

“Sec. 310. (1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogacy agreement under which an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a developmental disability is the surrogate.

(2) A person other than an unemancipated minor female or a female diagnosed as being intellectually disabled or as having a developmental disability who enters into, induces, arranges, procures, or otherwise assists in the formation of an agreement described in subsection (1) is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

(3) As used in this section:

(a) “Developmental disability” means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

(b) “Intellectually disabled” means intellectual disability that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.”.

1. Amend page 9, line 7, after “representation” by inserting a comma and “including, but not limited to, legal representation during contract disputes,”.

2. Amend page 9, following line 10, by inserting:

“(h) The agreement must be presented to, arbitrated by, and approved by an arbitrator before it is signed by each party listed in subdivision (c).

(i) Provides that the surrogate must be assigned a patient advocate who is not the intended parent or parents.”.

1. Amend page 7, line 28, after “arrangement” by inserting “and the medical evaluation does not show that the surrogate is unfit”.

2. Amend page 8, line 1, after “arrangement” by inserting “and the mental health consultation does not show that the surrogate is mentally unfit”.

3. Amend page 8, line 12, after “consultation” by inserting “and the mental health consultation does not show that the intended parent is mentally unfit”.

4. Amend page 8, following line 18, by inserting:

“(d) Have completed a criminal background check.

(e) The results of a criminal background check described in subdivision (d) do not reveal that the individual has a conviction for any of the following:

(i) Child abuse or neglect.

(ii) Criminal sexual conduct. As used in this subparagraph, “criminal sexual conduct” means a listed offense as that term is defined in section 2 of the sex offender registration act, 1994 PA 295, MCL 28.722.

(f) If the results of a criminal background check described in subdivision (d) reveal that the individual has been convicted of a felony, excluding a felony described in subdivision (e), the individual has obtained court approval of the surrogacy agreement.”.

5. Amend page 9, following line 10, by inserting:

“(h) The agreement must be approved by a court after the court has considered the best interests of the child as that term is defined in section 3 of the child custody act of 1970, 1970 PA 91, MCL 722.23.”.

6. Amend page 15, line 22, after “equity.” by inserting “A surrogate is considered to have breached the surrogacy agreement if the surrogate behaves in a manner that is detrimental to the health and welfare of the child.”.

1. Amend page 16, following line 10, by inserting:

“(7) If a physician or health facility facilitates the pregnancy of a surrogate who is pregnant during the procedure and harm results to the unborn child or children, the physician or principal of the health facility is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both.

(8) A person who knowingly, intentionally, or willfully engages in a practice or act the person knows or reasonably should know provides false or misleading information related to an assisted reproduction procedure, including by making a false or misleading representation relating to any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both:

(a) The human embryo or gamete used or provided for assisted reproduction.

(b) The identity of a donor of the human embryo or gamete used or provided for assisted reproduction, including, but not limited to, the donor’s name, birthdate, or address at the time of donation.

(c) A donor’s medical history, including present illness of the donor at time of donation, any past illnesses of the donor, any history of diagnosed mental illness, the social history of the donor, any known genetic defects of the donor, the family medical history of the donor, or the donor’s level of education.

(9) A health professional who knowingly or recklessly uses or provides a human embryo or gamete, including his or her own human embryo or gamete, for assisted reproduction other than the specific human embryo or gamete to which the patient expressly consented in writing is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $100,000.00, or both.

(10) The use of an anonymous donor, if requested by a patient, is not a defense to a violation of subsection (8) or (9) committed by a health professional.

(11) As used in subsections (8) to (10):

(a) “Anonymous donor” means a donor whose identity is not provided to the patient.

(b) “Family medical history of the donor” means the complete medical history of the first-degree, second-degree, and third-degree relatives of the donor.

(c) “Gamete” means sperm, egg, or any part of a sperm or egg.

(d) “Health professional” means an individual licensed, registered, certified, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(e) “Human embryo” means a human organism at any stage of development from fertilized ovum to embryo.

(f) “Identity” means legal name.

(g) “Know” or “knowingly” means that a health professional or other person undertook an action with knowledge and not because of mistake, accident, or other innocent reason.

(h) “Patient” means an individual under the care of a health professional.

(i) “Social history of the donor” means the personal and sexual history of the donor pertaining to risk factors for relevant communicable disease transmissible via gamete donation.”.