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McKinstry v. Valley Obstetrics-Gynecology Clinic, P.C., 428 Mich. 167, 405 N.W.2d 88 (Mich. 1987)
McKinstry was admitted to the hospital with pregnancy complications. Upon admission, she signed two arbitration agreements, one for herself, and one for "baby or babies McKinstry." During the delivery, her daughter suffered a shoulder and arm injury. After determining the arbitration agreements complied with the Michigan Malpractice Arbitration Act (MMAA), the Court addressed whether a parent could bind her child to arbitration where the agreement was signed while the child was in utero. The MMAA specifically provides that a minor child is bound by a written agreement to arbitrate disputes executed on his behalf by a parent or legal guardian. Finding the legislature did not distinguish between a minor child born after parental consent with that of a minor child born prior to parental consent, the court reasoned that neither a fetus nor a minor child has the capacity to contract for medical care and can only do so through a parent or guardian. Therefore, the Court held the child was bound by the valid arbitration agreement signed by her mother.  

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