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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure regarding the existence of a gestational |
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agreement in a suit for the dissolution of a marriage and standing |
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of an intended parent under a gestational agreement to file a suit |
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affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.406, Family Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) If the parties to a suit for dissolution of a marriage |
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are the intended parents under a gestational agreement that is in |
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effect and that establishes a parent-child relationship between the |
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parties as intended parents and an unborn child on the birth of the |
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child, the petition in the suit for dissolution of a marriage shall |
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state: |
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(1) that the parties to the marriage have entered into |
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a gestational agreement establishing a parent-child relationship |
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between the parties as intended parents and an unborn child on the |
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birth of the child; |
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(2) whether the gestational mother under the agreement |
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is pregnant or a child who is the subject of the agreement has been |
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born; and |
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(3) whether the agreement has been validated under |
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Section 160.756. |
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SECTION 2. Section 102.003, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) An original suit may be filed at any time by: |
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(1) a parent of the child; |
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(2) the child through a representative authorized by |
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the court; |
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(3) a custodian or person having the right of |
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visitation with or access to the child appointed by an order of a |
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court of another state or country; |
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(4) a guardian of the person or of the estate of the |
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child; |
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(5) a governmental entity; |
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(6) the Department of Family and Protective Services; |
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(7) a licensed child placing agency; |
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(8) a man alleging himself to be the father of a child |
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filing in accordance with Chapter 160, subject to the limitations |
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of that chapter, but not otherwise; |
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(9) a person, other than a foster parent, who has had |
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actual care, control, and possession of the child for at least six |
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months ending not more than 90 days preceding the date of the filing |
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of the petition; |
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(10) a person designated as the managing conservator |
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in a revoked or unrevoked affidavit of relinquishment under Chapter |
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161 or to whom consent to adoption has been given in writing under |
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Chapter 162; |
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(11) a person with whom the child and the child's |
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guardian, managing conservator, or parent have resided for at least |
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six months ending not more than 90 days preceding the date of the |
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filing of the petition if the child's guardian, managing |
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conservator, or parent is deceased at the time of the filing of the |
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petition; |
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(12) a person who is the foster parent of a child |
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placed by the Department of Family and Protective Services in the |
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person's home for at least 12 months ending not more than 90 days |
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preceding the date of the filing of the petition; |
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(13) a person who is a relative of the child within the |
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third degree by consanguinity, as determined by Chapter 573, |
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Government Code, if the child's parents are deceased at the time of |
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the filing of the petition; [or] |
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(14) a person who has been named as a prospective |
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adoptive parent of a child by a pregnant woman or the parent of the |
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child, in a verified written statement to confer standing executed |
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under Section 102.0035, regardless of whether the child has been |
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born; or |
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(15) subject to Subsection (d), a person who is an |
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intended parent of a child or unborn child under a gestational |
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agreement that substantially complies with the requirements of |
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Section 160.754. |
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(d) A person described by Subsection (a)(15) has standing to |
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file an original suit only if: |
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(1) the person is filing an original suit jointly with |
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the other intended parent under the gestational agreement; or |
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(2) the person is filing an original suit against the |
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other intended parent under the gestational agreement. |
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SECTION 3. Section 6.406, Family Code, as amended by this |
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Act, applies only to a petition for dissolution of a marriage that |
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is filed on or after the effective date of this Act. A petition for |
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dissolution of a marriage that is filed before the effective date of |
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this Act is governed by the law in effect on the date the petition is |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |