79R2483 MCK-D

By:  Howard                                                       H.B. No. 2311



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the transfer of an embryo except in an 
adoption proceeding; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 162, Family Code, is amended by adding 
Subchapter H to read as follows:
	SUBCHAPTER H. ADOPTION OF AN EMBRYO
	Sec. 162.701.  ADOPTION OF EMBRYO.  (a)  Except as provided 
by Subchapter I, Chapter 160, a person who contributed genetic 
material for an embryo may not transfer the embryo to another person 
for implantation, unless the court renders an order under this 
subchapter authorizing the adoption of the embryo.
	(b)  The court may grant the petition of a person residing in 
this state to adopt an embryo according to this subchapter.
	Sec. 162.702.  JURISDICTION; REQUIREMENTS OF PETITION.  (a)  
The petitioner shall file a suit to adopt an embryo in a court in the 
county of the petitioner's residence.
	(b)  A petition to adopt an embryo shall be entitled "In the 
Interest of the Embryo of __________."
	(c)  If the petitioner is married, both spouses must join in 
the petition for adoption.
	Sec. 162.703.  CONSENT.  A court may not grant an adoption of 
an embryo unless both the man and the woman who created the embryo 
consent in writing to the adoption by the petitioner and waive any 
interest in a child that may result from the embryo.
	Sec. 162.704.  ADOPTION ORDER.  The court may grant the 
adoption if the court finds that the requirements for adoption of an 
embryo are met and the court finds that the adoption is in the best 
interest of the embryo.
	Sec. 162.705.  CRIMINAL PENALTY.  A person commits an 
offense if the person knowingly or intentionally transfers or 
receives an embryo in violation of Section 162.701(a).  An offense 
under this section is a Class A misdemeanor.
	SECTION 2.  This Act takes effect September 1, 2005.