MI
Michigan House Bill HB5212

Michigan 2023-2024 Regular Session

Michigan House Bill HB5212

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

Family law: other; reference to surrogate parenting act; eliminate, and refer to the assisted reproduction and surrogacy parentage act. Amends title & secs. 1, 3, 5, 7, 9, 11, 13 & 15 of 2012 PA 159 (MCL 722.1431 et seq.). TIE BAR WITH: HB 5207'23

Impact

The enactment of HB 5212 is intended to provide concrete legal pathways for individuals seeking to contest or recognize parentage, primarily focusing on issues surrounding nonconsensual circumstances. The bill includes provisions for genetic testing to confirm paternity while also protecting all parties involved, particularly children, by placing the best interests of the child at the forefront of decisions regarding parentage disputes. The amendments to the family law statutes aim to streamline the resolution of parenthood issues in court, ensuring that determinations are made fairly and efficiently.

Summary

House Bill 5212, also known as the Revocation of Parentage Act, aims to amend existing laws regarding the determination of parentage in specific circumstances. The bill provides for procedures allowing for the acknowledgment, determination, and judgments related to parentage to be set aside under defined conditions. It specifically outlines actions that can be initiated by the mother, acknowledged parents, or alleged fathers to revoke parentage acknowledgments within certain time frames, emphasizing legal clarity in recognizing parental relationships and rights, especially in cases of dispute.

Sentiment

General sentiment surrounding HB 5212 appears to be cautiously supportive, with legal experts and advocates highlighting the importance of addressing the complexities of modern family dynamics. While many welcome the clarity it aims to bring to parentage laws, there are concerns from some advocacy groups about potential implications for families, particularly those affected by assisted reproductive technology and surrogacy agreements. The bill thus evokes mixed reactions, balancing the necessity of legal recognition against the potential for contentious disputes.

Contention

Notable points of contention include the provisions regarding the revocation of parentage based on nonconsensual conception and the implications that arise for both alleged fathers and acknowledged parents. Critics argue that the bill could unintentionally create legal challenges and emotional distress for families navigating these sensitive issues. Additionally, the bill is tied to other legislative measures, meaning its effectiveness is contingent on the enactment of related bills, which could complicate its passage and 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

Previously Filed As

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

MI HB5207

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

MI HB5211

Family law: paternity; determination under the paternity act; exclude children conceived by assisted reproduction or surrogacy. Amends secs. 1, 4, 4b & 7 of 1956 PA 205 (MCL 722.711 et seq.) & adds sec. 4c. TIE BAR WITH: HB 5207'23

MI HB5215

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

MI HB5208

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

MI HB5210

Probate: wills and estates; intestate succession; revise for children conceived by assisted reproduction or surrogacy. Amends sec. 2114 of 1998 PA 386 (MCL 700.2114). TIE BAR WITH: HB 5207'23, HB 5212'23

MI HB1104

Assisted reproduction and gestational surrogacy.

MI HB1267

Assisted reproduction and gestational surrogacy.

MI HB4217

Family law: parenting time; grandparenting time; modify. Amends secs. 2, 7 & 7b of 1970 PA 91 (MCL 722.22 et seq.).

MI HB5213

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

Similar Bills

PA HB350

In intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.

PA HB350

In proceedings prior to petition to adopt, further providing for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing for paternity and for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; and providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.

HI SB1231

Relating To Parentage.

IL HB2683

PARENTAGE-EQUALITY

IL SB2507

PARENTAGE-EQUALITY

HI HB1193

Relating To Parentage.

HI SB2747

Relating To The Uniform Parentage Act.

PA HB1961

Adding provisions relating to establishment of parent-child relationship for certain individuals; providing for voluntary acknowledgment of parentage, for registry of paternity, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.