Michigan House Bill HB5214

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 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

Impact

The enactment of HB 5214 is expected to streamline the process of establishing parentage for children born under various circumstances, ensuring that both parents, including those involved in assisted reproduction, have clear pathways to acknowledge their responsibilities. This update modernizes Michigan’s family law, reflecting evolving societal norms about parentage and custody. The legislation particularly focuses on protecting the rights of families formed through non-traditional means, aiming to provide equal treatment and recognition under the law.

Summary

House Bill 5214 amends the procedures for acknowledgment of parentage in Michigan, specifically addressing cases involving children born out of wedlock and those conceived through assisted reproduction or surrogacy. This legislation aims to clarify the process by which individuals can establish legal parentage without going through lengthy court proceedings. The bill outlines the requirements for a legally valid acknowledgment and the rights and responsibilities that stem from it, including parental duties and initial custody arrangements. Notably, if signed and filed correctly, the acknowledgment serves as a legal presumption of parentage equivalent to a court adjudication.

Sentiment

Overall, the sentiment around HB 5214 appears to be largely supportive, with advocates highlighting its importance in protecting the rights of parents and children alike. Proponents argue that the bill provides necessary legal clarity in an area of law that has become increasingly complex with advancements in reproductive technology. However, some concerns were raised regarding the implications for children conceived through assisted reproduction, with critics suggesting that the bill may not adequately address all possible scenarios or protect all parties involved in such arrangements.

Contention

A significant point of contention surrounding HB 5214 lies in its implications for children conceived through assisted reproduction and surrogacy. While the bill attempts to create a more inclusive framework for establishing parentage, critics worry it may not sufficiently cover the rights of all parties, particularly in complex family arrangements. Furthermore, the potential for disputes regarding custody, parenting time, and support obligations remains a concern, which advocates believe must be addressed as the bill is implemented to ensure overarching fairness and justice in paternity matters.