Michigan 2023-2024 Regular Session

Michigan House Bill HB5208

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  
Report Pass
3/19/24  
Enrolled
3/19/24  
Chaptered
4/9/24  

Caption

Records: birth; birth certificates issued for a child whose parentage is determined under the assisted reproduction and surrogacy parentage act; provide for. Amends secs. 2822, 2824, 2831, 2832 & 2891 of 1978 PA 368 (MCL 333.2822 et seq.). TIE BAR WITH: HB 5207'23

Impact

The passage of HB 5208 will significantly impact the handling of vital records, particularly for families formed through assisted reproductive technologies. It will allow intended parents to have their names listed on birth certificates, which not only affirms their parental status but also aligns state law with modern family arrangements. By doing so, it aims to enhance the legal recognition and protection of diverse family forms.

Summary

House Bill 5208 aims to amend existing laws that govern the issuance of birth certificates in Michigan, specifically addressing the circumstances under which birth certificates can be amended or created. This includes provisions for cases involving assisted reproduction and surrogacy, ensuring that parents' names can be recorded accurately for children born under these circumstances. The bill reflects current social dynamics and family structures, providing clarity and consistency in how birth records are created and maintained.

Sentiment

Discussions surrounding the bill have largely been positive, with supporters praising its progressive approach towards family law. Advocates argue that the bill is a necessary step in affirming the rights of parents using assisted reproductive methods and offer an important acknowledgment of changing societal norms. However, there are concerns from some traditionalist groups who worry about the implications of such changes on the definition of parentage and family identity.

Contention

Notable points of contention revolve around how thoroughly the bill defines the rights of parents, particularly regarding surrogacy and acknowledgment of parentage. Critics express concerns that the bill's language may inadvertently overlook the rights of biological parents or those involved in surrogacy agreements. Additionally, the effective date that is contingent upon the passage of a related bill (HB5207) adds a layer of complexity and potential for legal loopholes that could affect implementation.

Companion Bills

MI HB5207

Same As Family law: other; surrogate parenting act; repeal, and establish the assisted reproduction and surrogacy parentage act. Creates new act & repeals 1988 PA 199 (MCL 722.851 - 722.863). TIE BAR WITH: HB 5208'23, HB 5209'23, HB 5210'23, HB 5211'23, HB 5212'23, HB 5213'23, HB 5214'23, HB 5215'23

Similar Bills

MI HB5303

Records: birth; new certificate of birth requirements; modify. Amends secs. 2831 & 2872 of 1978 PA 368 (MCL 333.2831 & 333.2872).

OR SB163

Relating to parentage; prescribing an effective date.

MI HB5214

Family law: paternity; determination under the acknowledgment of parentage act; exclude children conceived by assisted reproduction or surrogacy. Amends secs. 2, 3, 4, 6 & 7 of 1996 PA 305 (MCL 722.1002 et seq.). TIE BAR WITH: HB 5207'23

CT HB06835

An Act Concerning Various Revisions To The Public Health Statutes.

CA AB785

Parentage.

CO HB1153

Affirm Parentage Adoption In Assisted Reproduction