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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.
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SECTION 1. Section 6.406,
Family Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) If the parties to a suit for dissolution of a marriage
are the intended parents under a gestational agreement that is in effect
and that establishes a parent-child relationship between the parties as
intended parents and an unborn child on the birth of the child, the
petition in the suit for dissolution of a marriage shall state:
(1) that the parties to
the marriage have entered into a gestational agreement establishing a
parent-child relationship between the parties as
intended parents and an unborn child on
the birth of the child;
(2) whether the gestational mother under the agreement is
pregnant or a child who is the subject of the agreement has been born; and
(3) whether the agreement has been validated under Section
160.756.
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SECTION 2. Section 102.003,
Family Code, is amended by amending Subsection (a) and adding Subsection
(d) to read as follows:
(a) An original suit may be
filed at any time by:
(1) a parent of the child;
(2) the child through a
representative authorized by the court;
(3) a custodian or person
having the right of visitation with or access to the child appointed by an
order of a court of another state or country;
(4) a guardian of the person
or of the estate of the child;
(5) a governmental entity;
(6) the Department of Family
and Protective Services;
(7) a licensed child placing
agency;
(8) a man alleging himself
to be the father of a child filing in accordance with Chapter 160, subject
to the limitations of that chapter, but not otherwise;
(9) a person, other than a
foster parent, who has had actual care, control, and possession of the
child for at least six months ending not more than 90 days preceding the
date of the filing of the petition;
(10) a person designated as the
managing conservator in a revoked or unrevoked affidavit of relinquishment
under Chapter 161 or to whom consent to adoption has been given in writing
under Chapter 162;
(11) a person with whom the
child and the child's guardian, managing conservator, or parent have
resided for at least six months ending not more than 90 days preceding the
date of the filing of the petition if the child's guardian, managing
conservator, or parent is deceased at the time of the filing of the
petition;
(12) a person who is the
foster parent of a child placed by the Department of Family and Protective
Services in the person's home for at least 12 months ending not more than
90 days preceding the date of the filing of the petition;
(13) a person who is a
relative of the child within the third degree by consanguinity, as
determined by Chapter 573, Government Code, if the child's parents are
deceased at the time of the filing of the petition; [or]
(14) a person who has been
named as a prospective adoptive parent of a child by a pregnant woman or
the parent of the child, in a verified written statement to confer standing
executed under Section 102.0035, regardless of whether the child has been
born; or
(15) subject to
Subsection (d), a person who is an intended parent of a child under a
gestational agreement that substantially complies with the requirements of
Section 160.754, regardless of whether
the child has been born.
(d) A person described by
Subsection (a)(15) has standing to file an original suit only if:
(1) the person is filing
an original suit jointly with the other intended parent under the
gestational agreement; or
(2) the person is filing
an original suit against the other intended parent under the gestational
agreement.
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SECTION 2. Section 102.003,
Family Code, is amended by amending Subsection (a) and adding Subsection
(d) to read as follows:
(a) An original suit may be
filed at any time by:
(1) a parent of the child;
(2) the child through a
representative authorized by the court;
(3) a custodian or person
having the right of visitation with or access to the child appointed by an
order of a court of another state or country;
(4) a guardian of the person
or of the estate of the child;
(5) a governmental entity;
(6) the Department of Family
and Protective Services;
(7) a licensed child placing
agency;
(8) a man alleging himself
to be the father of a child filing in accordance with Chapter 160, subject
to the limitations of that chapter, but not otherwise;
(9) a person, other than a
foster parent, who has had actual care, control, and possession of the
child for at least six months ending not more than 90 days preceding the
date of the filing of the petition;
(10) a person designated as
the managing conservator in a revoked or unrevoked affidavit of relinquishment
under Chapter 161 or to whom consent to adoption has been given in writing
under Chapter 162;
(11) a person with whom the
child and the child's guardian, managing conservator, or parent have
resided for at least six months ending not more than 90 days preceding the
date of the filing of the petition if the child's guardian, managing
conservator, or parent is deceased at the time of the filing of the
petition;
(12) a person who is the
foster parent of a child placed by the Department of Family and Protective
Services in the person's home for at least 12 months ending not more than
90 days preceding the date of the filing of the petition;
(13) a person who is a
relative of the child within the third degree by consanguinity, as
determined by Chapter 573, Government Code, if the child's parents are
deceased at the time of the filing of the petition; [or]
(14) a person who has been
named as a prospective adoptive parent of a child by a pregnant woman or
the parent of the child, in a verified written statement to confer standing
executed under Section 102.0035, regardless of whether the child has been
born; or
(15) subject to
Subsection (d), a person who is an intended parent of a child or unborn child under a gestational
agreement that substantially complies with the requirements of Section
160.754.
(d) A person described by
Subsection (a)(15) has standing to file an original suit only if:
(1) the person is filing
an original suit jointly with the other intended parent under the
gestational agreement; or
(2) the person is filing
an original suit against the other intended parent under the gestational
agreement.
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SECTION 3. 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.
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SECTION 3. Section 6.406,
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.
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