Michigan House Bill HB5213

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 summary support and paternity act; exclude children conceived by assisted reproduction or surrogacy. Amends sec. 3 of 2014 PA 366 (MCL 722.1493). TIE BAR WITH: HB 5207'23

Impact

The passage of HB 5213 would not only provide clarity to legal practitioners and families regarding paternity determinations but also ensure that cases involving assisted reproduction methods are handled according to the appropriate guidelines. This differentiation is intended to streamline the legal processes in these complex familial situations and safeguard the rights of all parties involved, especially in terms of child support and parentage.

Summary

House Bill 5213 is an amendment to the Summary Support and Paternity Act in Michigan. Its primary focus is to establish clear guidelines regarding the determination of paternity and support in cases involving children. The bill specifically restricts the use of this act for establishing the parentage of children conceived through assisted reproduction and surrogacy, thereby ensuring that these cases are instead governed by specific provisions outlined in the Assisted Reproduction and Surrogacy Parentage Act. This amendment is significant as it seeks to clarify and delineate the jurisdiction of different legal frameworks governing family law.

Sentiment

The sentiment around HB 5213 appears to be largely positive among legislators who view it as a necessary clarification in the realm of family law. Proponents argue that the bill simplifies existing laws and provides necessary transparency and consistency in the judicial process concerning paternity issues related to assisted reproductive technologies. However, there could be some contention regarding how this bill may affect future cases, particularly as technologies evolve and new family structures emerge.

Contention

Notable points of contention may arise concerning the limitation placed by the bill on the establishment of paternity for children conceived via modern reproductive methods. Critics could potentially argue that this legislation may inadvertently expose some families to legal vulnerabilities, particularly those who rely on assisted reproductive technologies. The necessity for ensuring that all families, regardless of their method of conception, have equitable access to legal recognition and support may warrant further discussion as the implications of the bill unfold.