Michigan House Bill HB5215

Michigan 2023-2024 Regular Session

• Introduced: 10/24/23
• Refer: 10/24/23
• Report Pass: 11/1/23
• Engrossed: 11/9/23
• Refer: 11/9/23
• Report Pass: 3/19/24
• Refer: 3/19/24
• Enrolled: 3/19/24
• Chaptered: 4/9/24
• Passed: 4/9/24

Caption

Family law: paternity; determination under the genetic parentage act; exclude children conceived by assisted reproduction or surrogacy. Amends title & sec. 5 of 2014 PA 365 (MCL 722.1465). TIE BAR WITH: HB 5207'23

Impact

The repercussions of this bill on state laws include a more defined legal framework concerning parentage that could impact various families, particularly those involved in surrogacy and assisted reproduction. By restricting the use of genetic testing under certain conditions, the bill aims to safeguard the legalities surrounding parental rights and responsibilities. This change could enhance protections for children conceived through assisted methods, ensuring that their legal standing is clear in cases where parentage may be contested.

Summary

House Bill 5215 is an act aimed at amending the genetic testing regulations in specific parentage cases in Michigan. The bill proposes to modify the existing 2014 law regarding genetic testing in parentage determinations. This amendment outlines specific conditions under which genetic testing cannot be utilized for determining parentage, such as when a child has been formally acknowledged under previous parentage laws, is part of an adoption proceeding, or is conceived through assisted reproductive technology or surrogacy. The act seeks to clarify the circumstances under which genetic testing is appropriate and the rights and responsibilities of relevant state departments in this regard.

Sentiment

Overall sentiment surrounding HB 5215 seems to reflect a cautious approach to genetic testing in sensitive family law matters. Supporters argue that it provides clarity and protects vulnerable families, while critics are concerned about the implications for parents seeking clarity in establishing parentage. The bill has garnered support in the legislative process, with a notable majority of legislators voting in favor during its third reading in the Senate, indicating a favorable reception among lawmakers.

Contention

There are potential points of contention regarding HB 5215, particularly in how it delineates between children born through traditional means and those conceived via assisted reproduction or surrogacy. Critics might argue that the restrictions on genetic testing could hinder efforts for certain parents to establish their legal rights. Furthermore, the bill's tie-bar provision with House Bill 5207 suggests a legislative strategy meant to address comprehensive child welfare concerns, possibly leading to debates about the alignment of various laws governing parental rights.