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A BILL TO BE ENTITLED
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AN ACT
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relating to gestational agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 160.102(9), Family Code, is amended to |
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read as follows: |
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(9) "Intended parent [parents]" means an individual |
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[individuals] who enters [enter] into an agreement providing that |
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the individual [individuals] will be the parent [parents] of a |
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child born to a gestational mother by means of assisted |
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reproduction, regardless of whether the [either] individual has a |
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genetic relationship with the child. |
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SECTION 2. Section 160.752(a), Family Code, is amended to |
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read as follows: |
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(a) Notwithstanding any other provision of this chapter or |
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another law, this subchapter authorizes an agreement between a |
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woman and the intended parent or parents of a child in which the |
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woman relinquishes all rights as a parent of a child conceived by |
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means of assisted reproduction and that provides that each [the] |
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intended parent becomes [parents become] the parent [parents] of |
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the child. |
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SECTION 3. Sections 160.754(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) A prospective gestational mother, her husband if she is |
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married, [each donor,] and each intended parent may enter into a |
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written agreement providing that: |
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(1) the prospective gestational mother agrees to |
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pregnancy by means of assisted reproduction; |
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(2) the prospective gestational mother and [,] her |
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husband if she is married[, and each donor other than the intended
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parents, if applicable,] relinquish all parental rights and duties |
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with respect to a child conceived through assisted reproduction; |
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(3) each [the] intended parent [parents] will be the |
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parent [parents] of the child; and |
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(4) the gestational mother and each intended parent |
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agree to exchange throughout the period covered by the agreement |
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all relevant information regarding the health of the gestational |
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mother and each intended parent. |
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(b) Subject to the requirements of this subsection, an |
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intended parent may be married or unmarried. If an intended parent |
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is married, each spouse must be an intended parent and a party to |
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the gestational agreement. If an intended parent is unmarried, |
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another individual may not be a party to the gestational agreement |
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as an additional intended parent of the child. [The intended
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parents must be married to each other. Each intended parent must be
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a party to the gestational agreement.] |
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SECTION 4. Section 160.755, Family Code, is amended to read |
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as follows: |
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Sec. 160.755. PETITION TO VALIDATE GESTATIONAL AGREEMENT. |
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(a) The intended parent or parents and the prospective gestational |
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mother under a gestational agreement may commence a proceeding to |
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validate the agreement. |
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(b) A person may maintain a proceeding to validate a |
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gestational agreement only if: |
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(1) the prospective gestational mother or an [the] |
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intended parent has [parents have] resided in this state for the 90 |
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days preceding the date the proceeding is commenced; |
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(2) the prospective gestational mother's husband, if |
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she is married, is joined as a party to the proceeding; and |
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(3) a copy of the gestational agreement is attached to |
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the petition. |
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SECTION 5. Sections 160.756(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) The court may validate a gestational agreement as |
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provided by Subsection (c) only if the court finds that: |
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(1) the parties have submitted to the jurisdiction of |
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the court under the jurisdictional standards of this chapter; |
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(2) if there is an intended mother, the medical |
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evidence provided shows that the intended mother is unable to carry |
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a pregnancy to term and give birth to the child or is unable to carry |
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the pregnancy to term and give birth to the child without |
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unreasonable risk to her physical or mental health or to the health |
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of the unborn child; |
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(3) unless waived by the court, an agency or other |
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person has conducted a home study of the intended parent or parents |
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and has determined that the intended parent or parents meet the |
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standards of fitness applicable to adoptive parents; |
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(4) each party to the agreement has voluntarily |
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entered into and understands the terms of the agreement; |
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(5) the prospective gestational mother has had at |
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least one previous pregnancy and delivery and carrying another |
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pregnancy to term and giving birth to another child would not pose |
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an unreasonable risk to the child's health or the physical or mental |
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health of the prospective gestational mother; and |
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(6) the parties have adequately provided for which |
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party is responsible for all reasonable health care expenses |
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associated with the pregnancy, including providing for who is |
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responsible for those expenses if the agreement is terminated. |
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(c) If the court finds that the requirements of Subsection |
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(b) are satisfied, the court may render an order validating the |
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gestational agreement and declaring that each [the] intended parent |
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[parents] will be the parent [parents] of a child born under the |
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agreement. |
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SECTION 6. Section 160.759(a), Family Code, is amended to |
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read as follows: |
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(a) Before a prospective gestational mother becomes |
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pregnant by means of assisted reproduction, the prospective |
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gestational mother, her husband if she is married, or an [either] |
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intended parent may terminate a gestational agreement validated |
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under Section 160.756 by giving written notice of the termination |
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to each other party to the agreement. |
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SECTION 7. Sections 160.760(a), (b), and (d), Family Code, |
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are amended to read as follows: |
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(a) On the birth of a child to a gestational mother under a |
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validated gestational agreement, the intended parent or parents |
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shall file a notice of the birth with the court not later than the |
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300th day after the date assisted reproduction occurred. |
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(b) After receiving notice of the birth, the court shall |
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render an order that: |
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(1) confirms that each [the] intended parent is |
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[parents are] the child's parent [parents]; |
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(2) requires the gestational mother to surrender the |
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child to the intended parent or parents, if necessary; and |
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(3) requires the bureau of vital statistics to issue a |
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birth certificate naming each [the] intended parent [parents] as |
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the child's parent [parents]. |
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(d) If the intended parent or parents fail to file the |
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notice required by Subsection (a), the gestational mother or an |
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appropriate state agency may file the notice required by that |
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subsection. On a showing that an order validating the gestational |
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agreement was rendered in accordance with Section 160.756, the |
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court shall order that each [the] intended parent is [parents are] |
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the child's parent [parents] and is [are] financially responsible |
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for the child. |
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SECTION 8. The changes in law made by this Act apply to a |
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gestational agreement regardless of the date: |
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(1) the agreement was executed; or |
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(2) a proceeding to validate the agreement was |
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commenced. |
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SECTION 9. This Act takes effect September 1, 2015. |