Michigan 2025-2026 Regular Session

Michigan House Bill HB5339

Introduced
12/10/25  

Caption

Family law: other; background check requirements for surrogacy; provide for. Amends sec. 301 of 2024 PA 24 (MCL 722.1901).

Impact

This legislation is expected to strengthen the legal framework surrounding surrogacy in Michigan by preventing potential disputes arising from inadequately represented parties. The mandated background checks are particularly significant as they aim to protect the welfare of surrogates and children involved in surrogacy arrangements. By requiring independent legal counsel for all parties, the bill fosters a more secure and informed process, theoretically enhancing the overall integrity of surrogacy practices within the state.

Summary

House Bill 5339 aims to amend the Assisted Reproduction and Surrogacy Parentage Act in Michigan by introducing comprehensive requirements for surrogacy agreements. The bill sets forth specific qualifications that both surrogates and intended parents must meet to execute surrogacy arrangements. Notably, surrogates must be at least 21 years old, have previously given birth, and complete both medical and mental health evaluations. Furthermore, they are required to have independent legal representation throughout the surrogacy process. Similarly, intended parents must also be at least 21, complete a mental health consultation, and undergo a criminal background check.

Contention

The bill has generated discussion among various stakeholders, particularly regarding the implications of the background checks and legal representation mandates. Proponents argue that these requirements are essential to ensure the safety and legal rights of all parties involved. However, critics express concerns about accessibility, suggesting that the financial implications of requiring legal representation may deter some individuals from pursuing surrogacy arrangements. Additionally, the necessity for psychological evaluations and background checks raises debates about privacy and the potential for discrimination based on past offenses, despite their relevance to family law.

Notable_points

Lastly, the bill reflects a growing trend toward more regulated practices in family law, acknowledging the complexities surrounding assisted reproduction. It aims to provide clear guidelines while potentially setting a precedent for future legislation concerning reproductive rights and family formation in Michigan.

Companion Bills

No companion bills found.

Previously Filed As

MI HF2219

Traditional and gestational surrogacy arrangements regulated, and crime of operating a for-profit surrogacy agency created.

MI HB4073

Gestational surrogacy; agreements

MI SF4491

Traditional and gestational surrogacy arrangements regulation

MI S1680

Surrogacy and Assisted Reproduction

MI H1487

Surrogacy and Assisted Reproduction

MI SB2732

Mississippi Gestational Carrier, Surrogacy and In Vitro and Parent Act; enact.

MI SB670

Providing for public housing safety committees; further providing for requirements regarding tenants and landlords in cities of the first class; and providing for background checks for landlords.

MI HB1357

Child services provider background checks.

MI LD1717

An Act Regarding Background Checks for Medical Cannabis Providers

MI LD1609

An Act Regarding Background Checks for Medical Cannabis Providers

Similar Bills

AZ HB4073

Gestational surrogacy; agreements

MN HF2219

Traditional and gestational surrogacy arrangements regulated, and crime of operating a for-profit surrogacy agency created.

MN SF4491

Traditional and gestational surrogacy arrangements regulation

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.

FL S1680

Surrogacy and Assisted Reproduction

HI HB1193

Relating To Parentage.

HI HB1193

Relating To Parentage.

HI SB1231

Relating To Parentage.