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Michigan Legislature
Michigan Compiled Laws Complete Through PA 19 of 2024
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Section 722.853

SURROGATE PARENTING ACT (EXCERPT)
Act 199 of 1988


722.853 Definitions.

Sec. 3.

  As used in this act:
  (a) "Compensation" means a payment of money, objects, services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate mother or surrogate carrier.
  (b) "Developmental disability" means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
  (c) "Intellectually disabled" means intellectual disability as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
  (d) "Mental illness" means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.
  
  (e) "Participating party" means a biological mother, biological father, surrogate carrier, or the spouse of a biological mother, biological father, or surrogate carrier, if any.
  (f) "Surrogate carrier" means the female in whom an embryo is implanted in a surrogate gestation procedure.
  (g) "Surrogate gestation" means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female.
  (h) "Surrogate mother" means a female who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination according to a surrogate parentage contract.
  (i) "Surrogate parentage contract" means a contract, agreement, or arrangement in which a female agrees to conceive a child through natural or artificial insemination, or in which a female agrees to surrogate gestation, and to voluntarily relinquish her parental or custodial rights to the child. It is presumed that a contract, agreement, or arrangement in which a female agrees to conceive a child through natural or artificial insemination by a person other than her husband, or in which a female agrees to surrogate gestation, includes a provision, whether or not express, that the female will relinquish her parental or custodial rights to the child.


History: 1988, Act 199, Eff. Sept. 1, 1988 ;-- Am. 1990, Act 190, Imd. Eff. July 24, 1990 ;-- Am. 2014, Act 69, Imd. Eff. Mar. 28, 2014




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