By Naishtat                                           H.B. No. 1443
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to familial relationships in cases of egg or embryo
    1-3  donation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 2, Chapter 12, Family Code, is amended by
    1-6  adding Sections 12.03A and 12.03B to read as follows:
    1-7        Sec. 12.03A.  OOCYTE DONATION.  (a)  If a husband consents to
    1-8  provide sperm to fertilize a donor oocyte by in vitro fertilization
    1-9  or other assisted reproductive techniques and the wife consents to
   1-10  have a donor oocyte that has been fertilized with her husband's
   1-11  sperm, pursuant to his consent, placed in her uterus, any resulting
   1-12  child is the legitimate child of both of them.  The consent of each
   1-13  must be in writing and must be acknowledged.
   1-14        (b)  If a donor oocyte that has been fertilized with her
   1-15  husband's sperm implants in a wife's uterus, any resulting child is
   1-16  not the child of the donor of the oocyte.
   1-17        Sec. 12.03B.  EMBRYO DONATION.  (a)  If, with the consent of
   1-18  the husband and the wife, a donated preimplantation embryo implants
   1-19  in the uterus of the wife, any resulting child is the legitimate
   1-20  child of both of them.  The consent must be in writing and must be
   1-21  acknowledged.
   1-22        (b)  If, with the consent of the husband and the wife, a
   1-23  donated preimplantation embryo implants in the uterus of the wife,
    2-1  any resulting child is not the child of the donor or donors of the
    2-2  preimplantation embryo.
    2-3        (c)  Subsection (a) of this section and Section 12.03(b) of
    2-4  this code apply whether the donated preimplantation embryo is the
    2-5  result of separate egg and sperm donations or the result of
    2-6  donation of an embryo created for the purpose of assisting the
    2-7  reproduction of the donating couple.
    2-8        SECTION 2.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.