Michigan House Bill HB4181

Michigan 2023-2024 Regular Session

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

Caption

Civil procedure: civil actions; civil action for making a false representation in assisted reproduction; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980. TIE BAR WITH: HB 4178'23

Impact

The enactment of HB 4181 would empower various individuals—including patients, their spouses, conceived children, and donors—to pursue legal action if they have been harmed due to false representations in assisted reproduction. This significantly alters the legal landscape related to assisted reproduction services, potentially increasing the responsibility imposed on clinics and practitioners. By allowing for separate causes of action for each child conceived under false pretenses, the bill underscores the serious implications of misleading practices in this sensitive area.

Summary

House Bill 4181 aims to amend the Revised Judicature Act of 1961 by adding a new section that explicitly addresses false representation in the context of assisted reproduction. The bill proposes that individuals who engage in false representation during assisted reproduction procedures can be held liable for causing harm to affected parties. This includes not only economic and non-economic damages but also punitive damages and reasonable attorney fees, thereby creating a civil framework for accountability within the assisted reproduction field.

Contention

Notable points of contention surrounding HB 4181 may arise from the nuanced ethical implications of assisted reproduction practices. Critics could argue that broadly defined liability for false representation might lead to excessive lawsuits, putting further pressure on fertility clinics and contributing to higher costs for patients. Additionally, the bill's linkage to other pending legislation (Senate Bill No. ___ or House Bill No. 4178) suggests potential dependencies that could complicate its passage. Proponents, however, stress the need for clear legal recourse to protect individuals from deceit and unethical behavior in reproductive health.