Michigan House Bill HB4178

Michigan 2023-2024 Regular Session

• Introduced: 3/7/23
• Refer: 3/7/23
• Report Pass: 5/17/23

Caption

Crimes: other; false representation in assisted reproduction; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 219g.

Impact

The bill introduces significant changes to the legal framework surrounding assisted reproduction in Michigan. It specifically outlines penalties for medical professionals who fail to provide accurate information or who use unauthorized embryos or gametes. This shift aims to increase the protection of patients involved in assisted reproduction and assure that they are fully informed about the genetic and medical backgrounds of the donors. By establishing clearer legal standards and consequences for malpractice, the bill bolsters patient rights and safety.

Summary

House Bill 4178 aims to amend the Michigan penal code by adding section 219g, which addresses the criminal implications of providing false or misleading information during assisted reproduction procedures. It establishes that individuals who engage in deceitful practices related to the identity of donors, the gametes or embryos used, and the medical history of donors could face serious legal consequences, including fines and imprisonment. The bill seeks to enhance accountability and transparency within the assisted reproduction sector.

Contention

As with many legislative changes, there are points of contention surrounding HB 4178. Critics may argue that the bill's strict penalties could lead to an overreach, potentially discouraging professionals from practicing assisted reproduction out of fear of criminal charges. There are concerns about how the definitions of 'false representation' and 'misleading information' will be applied in practice, especially given the complexities of medical data and patient consent. Additionally, the exclusion of anonymous donors as a defense raises ethical questions about donor anonymity in reproductive practices.