HBA-LJP H.B. 1246 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1246
By: Goodman
Juvenile Justice & Family Issues
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, there are no provisions regulating an agreement between
a gestational mother and the intended parents.  Without regulation of these
agreements, the legal parent-child relationships of a child of a
gestational agreement may be unclear.  House Bill 1246 sets forth
provisions establishing procedures for gestational agreements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1246 amends the Family Code to provide that this bill only takes
effect if the 77th Legislature enacts the bill adopting the Uniform
Parentage Act (SECTION 3). 

The bill authorizes an agreement between a woman and the intended parents
of a child in which the woman relinquishes all rights as a parent of a
child conceived by means of assisted reproduction and that provides that
the intended parents become the parents of the child (Sec. 160.752). 

The bill authorizes each intended parent, a prospective gestational mother
and her husband if she is married, and each donor to enter into a
gestational agreement.  The bill provides that the intended parents must be
married to each other.  The bill also sets forth guidelines of a
gestational agreement and provides that the agreement does not apply to the
birth of a child conceived by means of sexual intercourse (Sec. 160.755). 

The bill provides that an intended parent is authorized to maintain a
proceeding to adjudicate parentage to confirm the mother-child relationship
or father-child relationship between a person and a child born to a
gestational mother under the terms of a validated or enforceable
gestational agreement (Secs. 160.753 and 160.754). 

If a gestational mother is married after the validation of a gestational
agreement, then the bill provides that while the agreement remains valid,
the gestational mother's husband is not required to consent to the
agreement and is not presumed to be the father of the child born under the
terms of the agreement (Sec. 160.762). 

The bill sets forth provisions for a proceeding that validates or enforces
a gestational agreement, and provides for the termination of a gestational
agreement (Secs. 160.756, 160.757, and 160.760).  A court that conducts the
proceeding has continuing and exclusive jurisdiction on all matters
relating to the gestational agreement until the date a child born to the
gestational mother under the agreement reaches 180 days of age (Sec.
160.759). 

The bill requires the intended parents to file a notice of the birth of a
child to a gestational mother with the court not later than the 300th day
after the date assisted reproduction occurred.  After the court receives
the notice, the bill requires the court to render an order that: 

_confirms that the intended parents are the child's parents;

_requires the gestational mother to surrender the child to the intended
parents, if necessary; and 

_requires the bureau of vital statistics to issue a birth certificate
naming the intended parents as the child's parents. 

The bill also requires the court to order scientifically accepted parentage
testing to determine the child's parentage if a person alleges that a child
born to a gestational mother did not result from assisted reproduction
(Sec. 160.761). 

The bill provides that an intended parent with an invalidated or
unenforceable gestational agreement may be held liable for the support of
the child born under the terms of the agreement. 

The bill authorizes the court to assess fees and other related expenses
incurred in a proceeding of a gestational agreement and authorizes an
attorney who is awarded attorneys' fees to enforce the order in the
attorney's own name (Sec. 160.763). 

The bill provides that the proceedings, records, and identities of the
parties to a gestational agreement are subject to inspection under the same
standards of confidentiality that apply to an adoption (Sec. 160.758). 

EFFECTIVE DATE

September 1, 2001.