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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the transfer of an embryo except in an |
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adoption proceeding; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 162, Family Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. ADOPTION OF AN EMBRYO |
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Sec. 162.701. ADOPTION OF EMBRYO. (a) A court order |
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authorizing the adoption of a human embryo is required for the |
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transfer of a human embryo to another person for implantation in any |
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person who is not the genetic parent of the embryo or the spouse of a |
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genetic parent. |
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(b) The court may grant the petition of a person residing in |
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this state to adopt an embryo according to this subchapter. |
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Sec. 162.702. JURISDICTION; REQUIREMENTS OF PETITION. (a) |
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The petitioner shall file a suit to adopt an embryo in a court in the |
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county of the petitioner's residence. |
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(b) A petition to adopt an embryo shall be entitled "In the |
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Interest of the Embryo of __________." |
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(c) If the petitioner is married, both spouses must join in |
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the petition for adoption. |
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Sec. 162.703. CONSENT; COMPENSATION. (a) A court may not |
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grant an adoption of an embryo unless both the man and the woman who |
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contracted for the creation of the embryo have relinquished their |
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parental rights or consented in writing to the adoption by the |
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petitioner and waived any interest in the human embryo. |
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(b) Compensation may not be paid or received to relinquish |
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or waive a person's parental rights with regard to an embryo except |
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for reimbursement for reasonable fees incurred to preserve or |
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transport the embryo. |
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Sec. 162.704. ADOPTION ORDER. The court may grant the |
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adoption if the court finds that the requirements for adoption of an |
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embryo are met and the court finds that the adoption is in the best |
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interest of the embryo. |
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Sec. 162.705. HUMAN EMBRYO TRAFFICKING PROHIBITED; |
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PENALTIES. (a) In this section: |
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(1) "Gamete" means a human sperm or unfertilized human |
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ovum. |
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(2) "Human embryo" means a genetically complete living |
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organism of the species Homo sapien, from the single-cell zygote |
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stage to eight weeks' development. |
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(3) "Human embryo trafficking" means creating a human |
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embryo using in vitro fertilization for the purpose of selling, |
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buying, or transferring for valuable consideration the human embryo |
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to a person who is not a genetic parent of the embryo or the spouse |
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of a genetic parent. The term does not include the adoption of a |
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human embryo or the reimbursement of direct expenses related to the |
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adoption of a human embryo. |
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(b) A person commits an offense if the person knowingly or |
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intentionally: |
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(1) participates in human embryo trafficking; |
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(2) buys, sells, receives, or otherwise transfers a |
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human embryo for valuable consideration, except for lawful |
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reimbursements for embryo adoption as provided for in Section |
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162.703; or |
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(3) buys, sells, receives, or otherwise transfers |
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human gametes for the purpose of human embryo trafficking. |
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(c) An offense under this section is a Class A misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2007. |