Michigan Same-Sex Marriage, Sperm Donation, Surrogacy and Adoption Laws

Michigan Same-Sex Marriage, Sperm Donation, Surrogacy and Adoption Laws

 
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Michigan Laws on Same Sex Marriage, Sperm Donation, Surrogacy and Adoption

Same-Sex Marriage

Michigan does not allow same-sex marriage. The law defines marriage as between one man and one woman.

Michigan Compiled Laws, Chapter 83. Of marriage and the solemnization thereof.

551.1 Marriage between individuals of same sex as invalid contract.
Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.

Michigan Proposal 04-2, passed in 2004, amended the constitution to make same-sex marriage and any other formal same-sex relationships, such as civil unions and domestic partnerships, illegal.  (Reference: Freedom to Marry)

Michigan State Constitution, Article 1

§ 25 Marriage.
To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

Sperm Donation

There is no law prohibiting an unmarried woman from using a sperm donor. Therefore, there does not seem to be any restriction against lesbians using donors.

The law does not address known donor insemination or paternity.

A health facility or other licensed agency that provides artificial insemination services using anonymous donors can only use frozen sperm.  Each potential donor must be tested for HIV.

Michigan Compiled Laws, Chapter 333. Health.

333.20179 Artificial insemination services on anonymous basis; use of frozen sperm; testing sperm donor for presence of HIV or antibody to HIV; violation; liability; definitions.
(1) A health facility or agency licensed under this article that provides artificial insemination services on an anonymous basis shall use only frozen sperm, and shall test each potential sperm donor for the presence in the donor of HIV or an antibody to HIV. The donated sperm shall be frozen, stored, and quarantined for not less than 6 months. Before frozen sperm is used for artificial insemination, and not less than 6 months after the date of the donation, the health facility or agency shall take a second blood sample from the donor and have that blood sample tested for HIV or an antibody to HIV. If at any time the test results are positive, the health facility or agency licensed under this article shall not use the sperm of the donor for artificial insemination purposes.

Surrogacy
 
Surrogacy contracts are prohibited in Michigan. Anyone entering such a contract may receive a fine of up to $50,000 or jail time of up to 5 years.

Michigan Compiled Laws, Chapter 722. Children.

Act 199 of 1988. Surrogate Parenting Act.

An act to establish surrogate parentage contracts as contrary to public policy and void; to prohibit surrogate parentage contracts for compensation; to provide for children conceived, gestated, and born pursuant to a surrogate parentage contract; and to provide for penalties and remedies.

722.857 Surrogate parentage contract prohibited; surrogate parentage contract as felony; penalty.
(1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability is the surrogate mother or surrogate carrier.
(2) A person other than an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability who enters into, induces, arranges, procures, or otherwise assists in the formation of a contract described in subsection (1) is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

722.859 Surrogate parentage contract for compensation prohibited; surrogate parentage contract for compensation as misdemeanor or felony; penalty.
(1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.
(2) A participating party other than an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability who knowingly enters into a surrogate parentage contract for compensation is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or both.
(3) A person other than a participating party who induces, arranges, procures, or otherwise assists in the formation of a surrogate parentage contract for compensation is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

If a child is born via surrogacy, the court decides who is legally the parent.

722.861 Custody of child.
If a child is born to a surrogate mother or surrogate carrier pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the circuit court orders otherwise. The circuit court shall award legal custody of the child based on a determination of the best interests of the child. As used in this section, “best interests of the child” means that term as defined in section 3 of the child custody act of 1970, Act No. 91 of the Public Acts of 1970, being section 722.23 of the Michigan Compiled Laws.

Adoption

Michigan law allows single people to adopt. Therefore, a single gay person can adopt.

Michigan Compiled Laws. Probate Code  Chapter 710. Michigan Adoption Code.

710.24 Petition for adoption; filing; jurisdiction; verification; contents; preplacement assessments; omission of certain identifying information.
(1) Except as otherwise provided in this section, if a person desires to adopt a child or an adult and to bestow upon the adoptee his or her family name, or to adopt a child or an adult without a name change, with the intent to make the adoptee his or her heir, that person, together with his wife or her husband, if married, shall file a petition with the court of the county in which the petitioner resides or where the adoptee is found or, if the petitioner and adoptee reside out of state, where the parent's parental rights were terminated or are pending termination. If both parents' parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated. If there has been a temporary placement of the child, the petition for adoption shall be filed with the court that received the report described in section 23d(2) of this chapter.

In 2012, the Michigan Appeals Court ruled that second parent adoptions are permitted for same-sex couples. (Reference: ACLU.)

Same-Sex Marriage

Michigan does not allow same-sex marriage. The law defines marriage as between one man and one woman.

Michigan Compiled Laws, Chapter 83. Of marriage and the solemnization thereof.

551.1 Marriage between individuals of same sex as invalid contract.
Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.

Michigan Proposal 04-2, passed in 2004, amended the constitution to make same-sex marriage and any other formal same-sex relationships, such as civil unions and domestic partnerships, illegal.  (Reference: Freedom to Marry)

Michigan State Constitution, Article 1

§ 25 Marriage.
To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

Sperm Donation

There is no law prohibiting an unmarried woman from using a sperm donor. Therefore, there does not seem to be any restriction against lesbians using donors.

The law does not address known donor insemination or paternity.

A health facility or other licensed agency that provides artificial insemination services using anonymous donors can only use frozen sperm.  Each potential donor must be tested for HIV.

Michigan Compiled Laws, Chapter 333. Health.

333.20179 Artificial insemination services on anonymous basis; use of frozen sperm; testing sperm donor for presence of HIV or antibody to HIV; violation; liability; definitions.
(1) A health facility or agency licensed under this article that provides artificial insemination services on an anonymous basis shall use only frozen sperm, and shall test each potential sperm donor for the presence in the donor of HIV or an antibody to HIV. The donated sperm shall be frozen, stored, and quarantined for not less than 6 months. Before frozen sperm is used for artificial insemination, and not less than 6 months after the date of the donation, the health facility or agency shall take a second blood sample from the donor and have that blood sample tested for HIV or an antibody to HIV. If at any time the test results are positive, the health facility or agency licensed under this article shall not use the sperm of the donor for artificial insemination purposes.

Surrogacy
 
Surrogacy contracts are prohibited in Michigan. Anyone entering such a contract may receive a fine of up to $50,000 or jail time of up to 5 years.

Michigan Compiled Laws, Chapter 722. Children.

Act 199 of 1988. Surrogate Parenting Act.

An act to establish surrogate parentage contracts as contrary to public policy and void; to prohibit surrogate parentage contracts for compensation; to provide for children conceived, gestated, and born pursuant to a surrogate parentage contract; and to provide for penalties and remedies.

722.857 Surrogate parentage contract prohibited; surrogate parentage contract as felony; penalty.
(1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability is the surrogate mother or surrogate carrier.
(2) A person other than an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability who enters into, induces, arranges, procures, or otherwise assists in the formation of a contract described in subsection (1) is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

722.859 Surrogate parentage contract for compensation prohibited; surrogate parentage contract for compensation as misdemeanor or felony; penalty.
(1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract for compensation.
(2) A participating party other than an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability who knowingly enters into a surrogate parentage contract for compensation is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or both.
(3) A person other than a participating party who induces, arranges, procures, or otherwise assists in the formation of a surrogate parentage contract for compensation is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

If a child is born via surrogacy, the court decides who is legally the parent.

722.861 Custody of child.
If a child is born to a surrogate mother or surrogate carrier pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the circuit court orders otherwise. The circuit court shall award legal custody of the child based on a determination of the best interests of the child. As used in this section, “best interests of the child” means that term as defined in section 3 of the child custody act of 1970, Act No. 91 of the Public Acts of 1970, being section 722.23 of the Michigan Compiled Laws.

Adoption

Michigan law allows single people to adopt. Therefore, a single gay person can adopt.

Michigan Compiled Laws. Probate Code  Chapter 710. Michigan Adoption Code.

710.24 Petition for adoption; filing; jurisdiction; verification; contents; preplacement assessments; omission of certain identifying information.
(1) Except as otherwise provided in this section, if a person desires to adopt a child or an adult and to bestow upon the adoptee his or her family name, or to adopt a child or an adult without a name change, with the intent to make the adoptee his or her heir, that person, together with his wife or her husband, if married, shall file a petition with the court of the county in which the petitioner resides or where the adoptee is found or, if the petitioner and adoptee reside out of state, where the parent's parental rights were terminated or are pending termination. If both parents' parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated. If there has been a temporary placement of the child, the petition for adoption shall be filed with the court that received the report described in section 23d(2) of this chapter.

In 2012, the Michigan Appeals Court ruled that second parent adoptions are permitted for same-sex couples. (Reference: ACLU.)

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