By:  Wilson                                           H.B. No. 1290
       73R5696 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to surrogate parentage contracts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle C, Title 2, Family Code, is amended by
    1-5  adding Chapter 37 to read as follows:
    1-6              CHAPTER 37.  SURROGATE PARENTAGE CONTRACTS
    1-7        Sec. 37.01.  DEFINITIONS.  In this chapter:
    1-8              (1)  "Compensation" means a payment of money, services,
    1-9  or other thing of monetary value but does not include the payment,
   1-10  in connection with a surrogate parentage contract, of actual
   1-11  medical expenses and expenses incurred as a result of pregnancy by
   1-12  the surrogate carrier or surrogate mother.
   1-13              (2)  "Participating party" means a biological father,
   1-14  surrogate mother, surrogate carrier, or a spouse of the biological
   1-15  father, surrogate mother, or surrogate carrier.
   1-16              (3)  "Surrogate carrier" means a woman who participates
   1-17  in a surrogate gestation procedure.
   1-18              (4)  "Surrogate gestation" means the implantation in a
   1-19  woman of an embryo that is not genetically related to the woman and
   1-20  the subsequent gestation of a child by the woman.
   1-21              (5)  "Surrogate mother" means a woman who is naturally
   1-22  or artificially inseminated and who subsequently gestates a child
   1-23  conceived through the insemination in connection with a surrogate
   1-24  parentage contract.
    2-1              (6)  "Surrogate parentage contract" means a contract
    2-2  agreement or arrangement in which a woman agrees to:
    2-3                    (A)  act as a surrogate carrier or surrogate
    2-4  mother; and
    2-5                    (B)  relinquish parental rights to a child born
    2-6  in connection with the contract.
    2-7        Sec. 37.02.  CONTRACT VALID IF COMPENSATION NOT PROVIDED.
    2-8  (a)  A surrogate parentage contract is valid and may be enforced as
    2-9  any other contract only if it does not provide compensation for the
   2-10  surrogate carrier or surrogate mother.
   2-11        (b)  Section 12.03 of this code does not apply to a child
   2-12  born in connection with a valid surrogate parentage contract.
   2-13        Sec. 37.03.  POSSESSION OF CHILD PENDING COURT ORDER.  A
   2-14  person who has possession of a child borne by a woman in connection
   2-15  with a surrogate parentage contract that is not valid may retain
   2-16  possession of the child until  ordered  by a court to do otherwise.
   2-17        Sec. 37.04.  SUIT AFFECTING PARENT-CHILD RELATIONSHIP.  In a
   2-18  suit affecting the parent-child relationship between a child born
   2-19  in connection with a surrogate parentage contract that is not valid
   2-20  and a participating party, a court shall make its determination:
   2-21              (1)  in the same manner as any other suit affecting the
   2-22  parent-child relationship brought under Subtitle A of this title,
   2-23  except that Section 12.03 of this code may not be given effect;
   2-24              (2)  as if the surrogate parentage contract had never
   2-25  been entered into by any of the parties; and
   2-26              (3)  in a manner that is in the best interests of the
   2-27  child.
    3-1        SECTION 2.  Section 12.03, Family Code, is amended by adding
    3-2  Subsection (c) to read as follows:
    3-3        (c)  This section does not apply to a child born in
    3-4  connection with a surrogate parentage contract under Chapter 37 of
    3-5  this code.
    3-6        SECTION 3.  This Act takes effect September 1, 1993, and
    3-7  applies only to a contract made on or after that date.
    3-8        SECTION 4.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.