By Wilson H.B. No. 227
75R1953 SKB-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 A, Title 2, Family Code, is amended by
1-5 adding Chapter 33 to read as follows:
1-6 CHAPTER 33. SURROGATE PARENTAGE CONTRACTS
1-7 Sec. 33.001. 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. 33.002. 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 151.101 does not apply to a child born in
2-12 connection with a valid surrogate parentage contract.
2-13 Sec. 33.003. 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. 33.004. 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 this title, except that
2-23 Section 151.101 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 151.101, Family Code, is amended by
3-2 adding 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 33.
3-5 SECTION 3. This Act takes effect September 1, 1997, and
3-6 applies only to a contract made on or after that date.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.