2023 House Bill 5210 / 2024 Public Act 27

Probate: wills and estates; intestate succession; revise for children conceived by assisted reproduction or surrogacy.

An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending section 2114 (MCL 700.2114), as amended by 2012 PA 160.

House Fiscal Agency Analysis

Repeals the Surrogate Parenting Act and create a new act, the Assisted Reproduction and Surrogacy Parentage Act. The new act would address issues related to the birth of a child by assisted reproduction, including under a surrogacy agreement, including legal presumptions concerning parentage, procedures and requirements for surrogacy agreements, legal venue and judicial responsibilities, and related issues.

Introduced in the House

Oct. 24, 2023

Introduced by Rep. Jason Hoskins (D-18) and three co-sponsors

Co-sponsored by Reps. Samantha Steckloff (D-19), Jason Morgan (D-23) and Amos O’Neal (D-94)

Referred to the Committee on Judiciary

Nov. 1, 2023

Reported without amendment

Nov. 8, 2023

Substitute H-1 offered by Rep. Samantha Steckloff (D-19)

The substitute passed by voice vote

Nov. 9, 2023

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Nov. 9, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

March 14, 2024

Reported without amendment

March 19, 2024

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 22 to 15 (details)

Signed by Gov. Gretchen Whitmer

April 1, 2024