MI HB5035

Creates a civil cause of action allowing individuals harmed by false representation in assisted reproduction to sue for triple actual damages (economic and noneconomic) plus reasonable attorney fees and costs.

Eligible plaintiffs include the patient who gave birth, the patient's spouse at the time of treatment, any child conceived through the false representation, and any donor whose gamete or embryo was involved.

Each child born as a result of false representation constitutes a separate cause of action, and claims must be filed within 3 years of discovering the false representation.

"False representation in assisted reproduction" is defined by reference to Section 219g of the Michigan Penal Code (HB 5036), which this bill is tie-barred with and dependent upon for enactment.

Defendants can include individuals, partnerships, corporations, LLCs, associations, or other legal entities engaged in the prohibited conduct.