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  84R2708 KKA-F
 
  By: Thompson of Harris H.B. No. 987
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to gestational agreements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 160.102(9), Family Code, is amended to
  read as follows:
               (9)  "Intended parent [parents]" means an individual
  [individuals] who enters [enter] into an agreement providing that
  the individual [individuals] will be the parent [parents] of a
  child born to a gestational mother by means of assisted
  reproduction, regardless of whether the [either] individual has a
  genetic relationship with the child.
         SECTION 2.  Section 160.752(a), Family Code, is amended to
  read as follows:
         (a)  Notwithstanding any other provision of this chapter or
  another law, this subchapter authorizes an agreement between a
  woman and the intended parent or parents of a child in which the
  woman relinquishes all rights as a parent of a child conceived by
  means of assisted reproduction and that provides that each [the]
  intended parent becomes [parents become] the parent [parents] of
  the child.
         SECTION 3.  Sections 160.754(a) and (b), Family Code, are
  amended to read as follows:
         (a)  A prospective gestational mother, her husband if she is
  married, [each donor,] and each intended parent may enter into a
  written agreement providing that:
               (1)  the prospective gestational mother agrees to
  pregnancy by means of assisted reproduction;
               (2)  the prospective gestational mother and [,] her
  husband if she is married[, and each donor other than the intended
  parents, if applicable,] relinquish all parental rights and duties
  with respect to a child conceived through assisted reproduction;
               (3)  each [the] intended parent [parents] will be the
  parent [parents] of the child; and
               (4)  the gestational mother and each intended parent
  agree to exchange throughout the period covered by the agreement
  all relevant information regarding the health of the gestational
  mother and each intended parent.
         (b)  Subject to the requirements of this subsection, an
  intended parent may be married or unmarried. If an intended parent
  is married, each spouse must be an intended parent and a party to
  the gestational agreement. If an intended parent is unmarried,
  another individual may not be a party to the gestational agreement
  as an additional intended parent of the child. [The intended
  parents must be married to each other. Each intended parent must be
  a party to the gestational agreement.]
         SECTION 4.  Section 160.755, Family Code, is amended to read
  as follows:
         Sec. 160.755.  PETITION TO VALIDATE GESTATIONAL AGREEMENT.
  (a)  The intended parent or parents and the prospective gestational
  mother under a gestational agreement may commence a proceeding to
  validate the agreement.
         (b)  A person may maintain a proceeding to validate a
  gestational agreement only if:
               (1)  the prospective gestational mother or an [the]
  intended parent has [parents have] resided in this state for the 90
  days preceding the date the proceeding is commenced;
               (2)  the prospective gestational mother's husband, if
  she is married, is joined as a party to the proceeding; and
               (3)  a copy of the gestational agreement is attached to
  the petition.
         SECTION 5.  Sections 160.756(b) and (c), Family Code, are
  amended to read as follows:
         (b)  The court may validate a gestational agreement as
  provided by Subsection (c) only if the court finds that:
               (1)  the parties have submitted to the jurisdiction of
  the court under the jurisdictional standards of this chapter;
               (2)  if there is an intended mother, the medical
  evidence provided shows that the intended mother is unable to carry
  a pregnancy to term and give birth to the child or is unable to carry
  the pregnancy to term and give birth to the child without
  unreasonable risk to her physical or mental health or to the health
  of the unborn child;
               (3)  unless waived by the court, an agency or other
  person has conducted a home study of the intended parent or parents
  and has determined that the intended parent or parents meet the
  standards of fitness applicable to adoptive parents;
               (4)  each party to the agreement has voluntarily
  entered into and understands the terms of the agreement;
               (5)  the prospective gestational mother has had at
  least one previous pregnancy and delivery and carrying another
  pregnancy to term and giving birth to another child would not pose
  an unreasonable risk to the child's health or the physical or mental
  health of the prospective gestational mother; and
               (6)  the parties have adequately provided for which
  party is responsible for all reasonable health care expenses
  associated with the pregnancy, including providing for who is
  responsible for those expenses if the agreement is terminated.
         (c)  If the court finds that the requirements of Subsection
  (b) are satisfied, the court may render an order validating the
  gestational agreement and declaring that each [the] intended parent
  [parents] will be the parent [parents] of a child born under the
  agreement.
         SECTION 6.  Section 160.759(a), Family Code, is amended to
  read as follows:
         (a)  Before a prospective gestational mother becomes
  pregnant by means of assisted reproduction, the prospective
  gestational mother, her husband if she is married, or an [either]
  intended parent may terminate a gestational agreement validated
  under Section 160.756 by giving written notice of the termination
  to each other party to the agreement.
         SECTION 7.  Sections 160.760(a), (b), and (d), Family Code,
  are amended to read as follows:
         (a)  On the birth of a child to a gestational mother under a
  validated gestational agreement, the intended parent or parents
  shall file a notice of the birth with the court not later than the
  300th day after the date assisted reproduction occurred.
         (b)  After receiving notice of the birth, the court shall
  render an order that:
               (1)  confirms that each [the] intended parent is
  [parents are] the child's parent [parents];
               (2)  requires the gestational mother to surrender the
  child to the intended parent or parents, if necessary; and
               (3)  requires the bureau of vital statistics to issue a
  birth certificate naming each [the] intended parent [parents] as
  the child's parent [parents].
         (d)  If the intended parent or parents fail to file the
  notice required by Subsection (a), the gestational mother or an
  appropriate state agency may file the notice required by that
  subsection.  On a showing that an order validating the gestational
  agreement was rendered in accordance with Section 160.756, the
  court shall order that each [the] intended parent is [parents are]
  the child's parent [parents] and is [are] financially responsible
  for the child.
         SECTION 8.  The changes in law made by this Act apply to a
  gestational agreement regardless of the date:
               (1)  the agreement was executed; or
               (2)  a proceeding to validate the agreement was
  commenced.
         SECTION 9.  This Act takes effect September 1, 2015.