|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to parentage resulting from assisted reproduction. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 160.102(6), Family Code, is amended to |
|
|
read as follows: |
|
|
(6) "Donor" means an individual who provides |
|
|
[produces] eggs or sperm to a licensed physician to be used for |
|
|
assisted reproduction, regardless of whether the eggs or sperm are |
|
|
provided [production is] for consideration. The term does not |
|
|
include: |
|
|
(A) a husband who provides sperm or a wife who |
|
|
provides eggs to be used for assisted reproduction by the wife; [or] |
|
|
(B) a woman who gives birth to a child by means of |
|
|
assisted reproduction; or |
|
|
(C) an unmarried man who, with the intent to be |
|
|
the father of the resulting child, provides sperm to be used for |
|
|
assisted reproduction by an unmarried woman, as provided by Section |
|
|
160.7031. |
|
|
SECTION 2. Subchapter H, Chapter 160, Family Code, is |
|
|
amended by adding Section 160.7031 to read as follows: |
|
|
Sec. 160.7031. UNMARRIED MAN'S PATERNITY OF CHILD OF |
|
|
ASSISTED REPRODUCTION. (a) If an unmarried man, with the intent to |
|
|
be the father of a resulting child, provides sperm to a licensed |
|
|
physician and consents to the use of that sperm for assisted |
|
|
reproduction by an unmarried woman, he is the father of a resulting |
|
|
child. |
|
|
(b) Consent by an unmarried man who intends to be the father |
|
|
of a resulting child in accordance with this section must be in a |
|
|
record signed by the man and the unmarried woman and kept by a |
|
|
licensed physician. |
|
|
SECTION 3. Section 160.704(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) Consent by a married woman to assisted reproduction must |
|
|
be in a record signed by the woman and her husband and kept by a |
|
|
licensed physician. This requirement does not apply to the |
|
|
donation of eggs by a married woman for assisted reproduction by |
|
|
another woman. |
|
|
SECTION 4. Section 160.706, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 160.706. EFFECT OF DISSOLUTION OF MARRIAGE. (a) If a |
|
|
marriage is dissolved before the placement of eggs, sperm, or |
|
|
embryos, the former spouse is not a parent of the resulting child |
|
|
unless the former spouse consented in a record kept by a licensed |
|
|
physician that if assisted reproduction were to occur after a |
|
|
divorce the former spouse would be a parent of the child. |
|
|
(b) The consent of a former spouse to assisted reproduction |
|
|
may be withdrawn by that individual in a record kept by a licensed |
|
|
physician at any time before the placement of eggs, sperm, or |
|
|
embryos. |
|
|
SECTION 5. Section 160.707, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 160.707. PARENTAL STATUS OF DECEASED SPOUSE. If a |
|
|
spouse dies before the placement of eggs, sperm, or embryos, the |
|
|
deceased spouse is not a parent of the resulting child unless the |
|
|
deceased spouse consented in a record kept by a licensed physician |
|
|
that if assisted reproduction were to occur after death the |
|
|
deceased spouse would be a parent of the child. |
|
|
SECTION 6. The change in law made by this Act applies to a |
|
|
motion or other request for relief made in a parentage or paternity |
|
|
proceeding that is commenced on or after the effective date of this |
|
|
Act. A motion or other request for relief made in a parentage or |
|
|
paternity proceeding commenced before the effective date of this |
|
|
Act is governed by the law in effect at the time the proceeding was |
|
|
commenced, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 7. This Act takes effect September 1, 2007. |