| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to gestational agreements and a requirement that pregnancy |
|
|
be disclosed in a suit for the dissolution of a marriage. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 6.406(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) The petition in a suit for dissolution of a marriage |
|
|
shall state whether: |
|
|
(1) there are children born or adopted of the marriage |
|
|
who are under 18 years of age or who are otherwise entitled to |
|
|
support as provided by Chapter 154; |
|
|
(2) a party to the marriage is pregnant; or |
|
|
(3) the parties to the marriage have entered into a |
|
|
gestational agreement establishing a parent-child relationship |
|
|
between the parties and the child to be born under the agreement. |
|
|
SECTION 2. Section 160.752(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) This subchapter controls over any other law with respect |
|
|
to a child conceived under a gestational agreement under this |
|
|
subchapter or other law, including the law of a foreign country. |
|
|
SECTION 3. Section 160.753, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 160.753. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP. |
|
|
(a) Notwithstanding any other provision of this chapter or another |
|
|
law, the mother-child relationship exists between a woman and a |
|
|
child [by an adjudication confirming the woman as a parent of the
|
|
|
child] born to a gestational mother under a gestational agreement |
|
|
[if the gestational agreement is validated] under this subchapter |
|
|
or enforceable under other law, including the law of a foreign |
|
|
country, regardless of the fact that the gestational mother gave |
|
|
birth to the child, unless: |
|
|
(1) the agreement is terminated before the gestational |
|
|
mother becomes pregnant; or |
|
|
(2) a court renders an order denying the existence of |
|
|
the mother-child relationship between the woman and the child. |
|
|
(b) The father-child relationship exists between a man and a |
|
|
child [and a man by an adjudication confirming the man as a parent
|
|
|
of the child] born to a gestational mother under a gestational |
|
|
agreement [if the gestational agreement is validated] under this |
|
|
subchapter or enforceable under other law, including the law of a |
|
|
foreign country, unless: |
|
|
(1) the agreement is terminated before the gestational |
|
|
mother becomes pregnant; or |
|
|
(2) a court renders an order denying the existence of |
|
|
the father-child relationship between the man and the child. |
|
|
SECTION 4. Section 160.754, Family Code, is amended by |
|
|
adding Subsection (h) to read as follows: |
|
|
(h) This section does not affect the validity of a |
|
|
gestational agreement entered into under the laws of a foreign |
|
|
country. |
|
|
SECTION 5. Section 160.755, Family Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(b) Except as provided by Subsection (c), a [A] person may |
|
|
maintain a proceeding to validate a gestational agreement only if: |
|
|
(1) the prospective gestational mother or the intended |
|
|
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. |
|
|
(c) A proceeding to validate a gestational agreement |
|
|
entered into under the law of a foreign country may be maintained |
|
|
without satisfying Subsection (b)(2) if the law of the foreign |
|
|
country does not require the joinder of the gestational mother's |
|
|
husband. |
|
|
SECTION 6. Section 160.756, Family Code, is amended by |
|
|
amending Subsections (a) and (c) and adding Subsection (e) to read |
|
|
as follows: |
|
|
(a) A gestational agreement may [must] be validated as |
|
|
provided by this section. |
|
|
(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 the intended parents will
|
|
|
be the parents of a child born under the agreement]. |
|
|
(e) Notwithstanding Subsection (b), (c), or (d), the court |
|
|
shall validate a gestational agreement entered into under the laws |
|
|
of a foreign country if the agreement complies with the |
|
|
requirements of those laws. |
|
|
SECTION 7. Section 160.757, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 160.757. INSPECTION OF RECORDS. The proceedings, |
|
|
records, and identities of the parties to a gestational agreement |
|
|
[under this subchapter] are subject to inspection under the same |
|
|
standards of confidentiality that apply to an adoption under the |
|
|
laws of this state. |
|
|
SECTION 8. The heading to Section 160.760, Family Code, is |
|
|
amended to read as follows: |
|
|
Sec. 160.760. PARENTAGE UNDER [VALIDATED] GESTATIONAL |
|
|
AGREEMENT. |
|
|
SECTION 9. Sections 160.760(a) 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 parents shall file |
|
|
a notice of the birth with the court not later than the 300th day |
|
|
after the date assisted reproduction occurred. |
|
|
(d) If the intended 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 a [an order validating the] gestational agreement was |
|
|
entered into by the intended parents and the gestational mother, |
|
|
the agreement was not terminated before the gestational mother |
|
|
became pregnant, and a court has not denied the existence of the |
|
|
parent-child relationship between the intended parents and the |
|
|
child [rendered in accordance with Section 160.756], the court |
|
|
shall order that the intended parents are the child's parents and |
|
|
are financially responsible for the child. |
|
|
SECTION 10. Section 160.761, Family Code, is amended to |
|
|
read as follows: |
|
|
Sec. 160.761. EFFECT OF GESTATIONAL MOTHER'S MARRIAGE AFTER |
|
|
ENTERING [VALIDATION OF] AGREEMENT. If a gestational mother is |
|
|
married after entering into [the court renders an order validating] |
|
|
a gestational agreement [under this subchapter]: |
|
|
(1) the validity of the gestational agreement is not |
|
|
affected; |
|
|
(2) the gestational mother's husband is not required |
|
|
to consent to the agreement; and |
|
|
(3) the gestational mother's husband is not a presumed |
|
|
father of the child born under the terms of the agreement. |
|
|
SECTION 11. Section 160.762, Family Code, is amended to |
|
|
read as follows: |
|
|
Sec. 160.762. RESPONSIBILITY OF INTENDED PARENTS UNDER |
|
|
[EFFECT OF] GESTATIONAL AGREEMENT; FEES AND COSTS [THAT IS NOT
|
|
|
VALIDATED]. (a) [A gestational agreement that is not validated as
|
|
|
provided by this subchapter is unenforceable, regardless of whether
|
|
|
the agreement is in a record.
|
|
|
[(b)
The parent-child relationship of a child born under a
|
|
|
gestational agreement that is not validated as provided by this
|
|
|
subchapter is determined as otherwise provided by this chapter.
|
|
|
[(c)] A party to a gestational agreement [that is not
|
|
|
validated as provided by this subchapter] who is an intended parent |
|
|
under the agreement shall [may] be held liable for the support of a |
|
|
child born under the agreement, unless the agreement was terminated |
|
|
before the gestational mother became pregnant or a court denies the |
|
|
existence of the parent-child relationship between the intended |
|
|
parent and the child [even if the agreement is otherwise
|
|
|
unenforceable]. |
|
|
(b) [(d)] The court may assess filing fees, reasonable |
|
|
attorney's fees, fees for genetic testing, other costs, and |
|
|
necessary travel and other reasonable expenses incurred in a |
|
|
proceeding under this section. Attorney's fees awarded by the |
|
|
court may be paid directly to the attorney. An attorney who is |
|
|
awarded attorney's fees may enforce the order in the attorney's own |
|
|
name. |
|
|
SECTION 12. Section 6.406(a), Family Code, as amended by |
|
|
this Act, applies only to a petition for dissolution of a marriage |
|
|
that is filed on or after the effective date of this Act. A petition |
|
|
for dissolution of a marriage that is filed before the effective |
|
|
date of this Act is governed by the law in effect on the date the |
|
|
petition is filed, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 13. This Act takes effect September 1, 2015. |