Enrolled Bill Summary

House Bill 729 amends the Family Code to authorize and regulate agreements between a gestational mother and the intended parents of a child conceived by means of assisted reproduction. The bill provides that a valid gestational agreement establishes the parent-child relationship and gives intended parents standing to adjudicate parentage. The bill sets out the required elements of a gestational agreement and establishes that the agreement must be entered into at least 14 days prior to the date of conception or implantation of eggs, sperm, or embryos. House Bill 729 authorizes and sets out the requirements of a hearing to validate gestational agreements. In addition, the bill provides for inspection and confidentiality of records, jurisdiction of a court conducting proceedings related to a gestational agreement, procedures for termination of an agreement, notice of birth by the intended parents, and court orders confirming parentage. The bill requires the Texas Department of Health not later than December 1, 2003, to develop and implement by rule a confidential reporting system that requires facilities that perform assisted reproduction procedures to annually report certain statistics.