By Goodman H.B. No. 1246
77R1229 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of the Uniform Parentage Act regarding
1-3 gestational agreements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 160, Family Code, is amended by adding
1-6 Subchapter I to read as follows:
1-7 SUBCHAPTER I. GESTATIONAL AGREEMENTS
1-8 Sec. 160.751. DEFINITION. In this subchapter, "gestational
1-9 mother" means a woman who gives birth to a child conceived under
1-10 the terms of a gestational agreement.
1-11 Sec. 160.752. SCOPE OF SUBCHAPTER; CHOICE OF LAW. (a)
1-12 Notwithstanding any other provision of this chapter or another law,
1-13 this subchapter authorizes an agreement between a woman and the
1-14 intended parents of a child in which the woman relinquishes all
1-15 rights as a parent of a child conceived by means of assisted
1-16 reproduction and that provides that the intended parents become the
1-17 parents of the child.
1-18 (b) This subchapter controls over any other law with respect
1-19 to a child conceived under the terms of a gestational agreement
1-20 under this subchapter.
1-21 Sec. 160.753. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
1-22 (a) Notwithstanding any other provision of this chapter or another
1-23 law, the mother-child relationship exists between a woman and a
1-24 child by an adjudication confirming the woman as a parent of the
2-1 child born to a gestational mother under the terms of a gestational
2-2 agreement if the gestational agreement is validated under this
2-3 subchapter or enforceable under other law, regardless of the fact
2-4 that the gestational mother gave birth to the child.
2-5 (b) The father-child relationship exists between a child and
2-6 a man by an adjudication confirming the man as a parent of the
2-7 child born to a gestational mother under the terms of a gestational
2-8 agreement if the gestational agreement is validated under this
2-9 subchapter or enforceable under other law.
2-10 Sec. 160.754. STANDING TO MAINTAIN PROCEEDING. An intended
2-11 parent under this subchapter may maintain a proceeding to
2-12 adjudicate parentage, subject to any time limitations to commence
2-13 the proceeding.
2-14 Sec. 160.755. GESTATIONAL AGREEMENT AUTHORIZED. (a) A
2-15 prospective gestational mother, her husband if she is married, each
2-16 donor, and each intended parent may enter into a written agreement
2-17 providing that:
2-18 (1) the prospective gestational mother agrees to
2-19 pregnancy by means of assisted reproduction;
2-20 (2) the prospective gestational mother, her husband if
2-21 she is married, and each donor relinquish all parental rights and
2-22 duties with respect to a child conceived through assisted
2-23 reproduction; and
2-24 (3) the intended parents will be the parents of the
2-25 child.
2-26 (b) The intended parents must be married to each other. Each
2-27 intended parent must be a party to the gestational agreement.
3-1 (c) A gestational agreement does not apply to the birth of a
3-2 child conceived by means of sexual intercourse.
3-3 (d) A gestational agreement:
3-4 (1) may provide for payment of consideration; and
3-5 (2) may not limit the right of the gestational mother
3-6 to make decisions to safeguard her health or the health of an
3-7 embryo or fetus.
3-8 Sec. 160.756. PETITION TO VALIDATE GESTATIONAL AGREEMENT.
3-9 (a) The intended parents and the prospective gestational mother
3-10 under a gestational agreement may commence a proceeding to validate
3-11 the agreement.
3-12 (b) A person may maintain a proceeding to validate a
3-13 gestational agreement only if:
3-14 (1) the prospective gestational mother or the intended
3-15 parents have resided in this state for the 90 days before the date
3-16 the proceeding is commenced;
3-17 (2) the prospective gestational mother's husband, if
3-18 she is married, is joined as a party to the proceeding; and
3-19 (3) a copy of the gestational agreement is attached to
3-20 the petition.
3-21 Sec. 160.757. HEARING TO VALIDATE GESTATIONAL AGREEMENT;
3-22 ENFORCEABILITY. (a) A gestational agreement is enforceable only if
3-23 validated as provided by this section.
3-24 (b) The court may validate a gestational agreement as
3-25 provided by Subsection (c) only if the court finds that:
3-26 (1) the parties have submitted to the jurisdiction of
3-27 the court under the jurisdictional standards of this chapter;
4-1 (2) the medical evidence provided shows that the
4-2 intended mother is unable to carry a pregnancy to term and give
4-3 birth to the child or is unable to carry the pregnancy to term and
4-4 give birth to the child without unreasonable risk to her physical
4-5 or mental health or to the health of the unborn child;
4-6 (3) unless waived by the court, an agency or other
4-7 person has conducted a home study of the intended parents and has
4-8 determined that the intended parents meet the standards of fitness
4-9 applicable to adoptive parents;
4-10 (4) each party to the agreement has voluntarily
4-11 entered into and understands the terms of the agreement;
4-12 (5) the prospective gestational mother has had at
4-13 least one previous pregnancy and delivery and carrying another
4-14 pregnancy to term and giving birth to another child would not pose
4-15 an unreasonable health risk to the child or the physical or mental
4-16 health of the prospective gestational mother;
4-17 (6) the parties have adequately provided for which
4-18 party is responsible for all reasonable health care expenses
4-19 associated with the pregnancy, including providing for who is
4-20 responsible for those expenses if the agreement is terminated; and
4-21 (7) the consideration, if any, to be paid to the
4-22 prospective gestational mother is reasonable.
4-23 (c) If the court finds that the requirements of Subsection
4-24 (b) are satisfied, the court may render an order validating the
4-25 gestational agreement and declaring that the intended parents will
4-26 be the parents of a child born under the terms of the agreement.
4-27 (d) The court may validate the gestational agreement at the
5-1 court's discretion. The court's determination of whether to
5-2 validate the agreement is subject to review only for abuse of
5-3 discretion.
5-4 Sec. 160.758. INSPECTION OF RECORDS. The proceedings,
5-5 records, and identities of the parties to a gestational agreement
5-6 under this subchapter are subject to inspection under the same
5-7 standards of confidentiality that apply to an adoption under the
5-8 laws of this state.
5-9 Sec. 160.759. EXCLUSIVE, CONTINUING JURISDICTION. Subject to
5-10 Section 152.201, a court that conducts a proceeding under this
5-11 subchapter has continuing, exclusive jurisdiction of all matters
5-12 arising out of the gestational agreement until the date a child
5-13 born to the gestational mother during the period covered by the
5-14 agreement reaches 180 days of age.
5-15 Sec. 160.760. TERMINATION OF GESTATIONAL AGREEMENT. (a)
5-16 Before a prospective gestational mother becomes pregnant by means
5-17 of assisted reproduction, the prospective gestational mother, her
5-18 husband if she is married, or either intended parent may terminate
5-19 a gestational agreement validated under Section 160.757 by giving
5-20 written notice of the termination to each other party to the
5-21 agreement.
5-22 (b) The court, on a showing of good cause, may terminate a
5-23 gestational agreement.
5-24 (c) A person who terminates a gestational agreement shall
5-25 file notice of the termination with the court. A person having the
5-26 duty to notify the court who does not notify the court of the
5-27 termination of the agreement is subject to appropriate sanctions.
6-1 (d) On receipt of the notice of termination, the court shall
6-2 vacate the order rendered under Section 160.757 validating the
6-3 gestational agreement.
6-4 (e) A prospective gestational mother and her husband, if she
6-5 is married, may not be liable to an intended parent for terminating
6-6 a gestational agreement if the termination is in accordance with
6-7 this section.
6-8 Sec. 160.761. PARENTAGE UNDER VALIDATED GESTATIONAL
6-9 AGREEMENT. (a) On the birth of a child to a gestational mother
6-10 under the terms of a validated gestational agreement, the intended
6-11 parents shall file a notice of the birth with the court not later
6-12 than the 300th day after the date assisted reproduction occurred.
6-13 (b) After receiving notice of the birth, the court shall
6-14 render an order that:
6-15 (1) confirms that the intended parents are the child's
6-16 parents;
6-17 (2) requires the gestational mother to surrender the
6-18 child to the intended parents, if necessary; and
6-19 (3) requires the bureau of vital statistics to issue a
6-20 birth certificate naming the intended parents as the child's
6-21 parents.
6-22 (c) If a person alleges that a child born to a gestational
6-23 mother did not result from assisted reproduction, the court shall
6-24 order that scientifically accepted parentage testing be conducted
6-25 to determine the child's parentage.
6-26 Sec. 160.762. EFFECT OF GESTATIONAL MOTHER'S MARRIAGE AFTER
6-27 VALIDATION OF AGREEMENT. If a gestational mother is married after
7-1 the court renders an order validating a gestational agreement under
7-2 this subchapter:
7-3 (1) the validity of the gestational agreement is not
7-4 affected;
7-5 (2) the gestational mother's husband is not required
7-6 to consent to the agreement; and
7-7 (3) the gestational mother's husband is not a presumed
7-8 father of the child born under the terms of the agreement.
7-9 Sec. 160.763. EFFECT OF GESTATIONAL AGREEMENT THAT IS NOT
7-10 VALIDATED. (a) A gestational agreement that is not validated as
7-11 provided by this subchapter is not enforceable, regardless of
7-12 whether the agreement is in a record.
7-13 (b) The parent-child relationship of a child born under the
7-14 terms of a gestational agreement that is not validated as provided
7-15 by this subchapter is determined as otherwise provided by this
7-16 chapter.
7-17 (c) A party to a gestational agreement that is not validated
7-18 as provided by this subchapter who is an intended parent under the
7-19 agreement may be held liable for the support of a child born under
7-20 the terms of the agreement, even if the agreement is otherwise
7-21 unenforceable.
7-22 (d) The court may assess filing fees, reasonable attorney's
7-23 fees, fees for genetic testing, other costs, and necessary travel
7-24 and other reasonable expenses incurred in a proceeding under this
7-25 section. Attorney's fees awarded by the court may be paid directly
7-26 to the attorney. An attorney who is awarded attorney's fees may
7-27 enforce the order in the attorney's own name.
8-1 SECTION 2. (a) This Act takes effect September 1, 2001.
8-2 (b) The change in law made by this Act applies to a motion
8-3 or other request for relief made in a parentage or paternity
8-4 proceeding that is commenced on or after the effective date of this
8-5 Act. A motion or request for relief made in a parentage or
8-6 paternity proceeding commenced before the effective date of this
8-7 Act is governed by the law in effect at the time the proceeding was
8-8 commenced, and the former law is continued in effect for that
8-9 purpose.
8-10 SECTION 3. This Act takes effect only if the 77th
8-11 Legislature, at its regular session, enacts a bill adopting the
8-12 Uniform Parentage Act and that bill becomes law. If that bill does
8-13 not become law, this Act has no effect.