By: Bryant H.B. No. 5494

A BILL TO BE ENTITLED

AN ACT

Relating to the determination of parentage of a child conceived by assisted reproduction.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 160.7031, Family Code, is amended to read as follows:

Sec. 160.7031. UNMARRIED MAN'S PATERNITYPARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (a) If an unmarried man, with the intent to be the father of a resulting child, provides sperm to a licensed physician and consents to the use of that sperm forAn individual who consents under Section 704 to assisted reproduction by an unmarried woman, he is the fatherwith the intent to be a parent of a child conceived by the assisted reproduction is a parent of a resulting child.

(b) Consent by an unmarried man who intends to be the father of a resulting child in accordance with this section must be in a record signed by the man and the unmarried woman and kept by a licensed physician.

SECTION 2. Section 160.704, Family Code, is amended to read as follows:

Sec. 160.704. CONSENT TO ASSISTED REPRODUCTION. (a) Consent by a married woman to assisted reproduction must be in a record signed by the woman and her husband and kept by a licensed physician. This requirement does not apply to the donation of eggs by a married woman for assisted reproduction by another woman. Except as otherwise provided in subsection (b), the consent described in Section 703 must be in a record signed by a woman giving birth to a child conceived by assisted reproduction and an individual who intends to be a parent of the child.

(b) Failure by the husband to sign a consent required by Subsection (a) before or after the birth of the child does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treated the child as their own.Failure to consent in a record as required by subsection (a), before, on, or after birth of the child, does not preclude the court from finding consent to parentage if:

(1) The woman or the individual proves by clear-and-convincing evidence the existence of an express agreement entered into before conception that the individual and the woman intended they both would be parents of the child; or

(2) The woman and the individual for the first two years of the child's life, including any period of temporary absence, resided together in the same household with the child and both openly held out the child as the individual's child, unless the individual dies or becomes incapacitated before the child attains two years of age or the child dies before the child attains two years of age, in which case the court may find consent under this subsection to parentage if a party proves by clear-and-convincing evidence that the woman and the individual intended to reside together in the same household with the child and both intended the individual would openly hold out the child as the individual's child, but the individual was prevented from carrying out that intent by death or incapacity.

SECTION 3. Section 160.102(9), Family Code, is amended to read as follows:

(9) "Intended parents" means individuals who enter into an agreement providing that the individuals will be the parents of a child born to a gestational mother by means of assisted reproduction, regardless of whether either individual has a genetic relationship with the child."Intended parent" means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.

SECTION 4. Section 160.102, Family Code, is amended by amending subsection (6) to read as follows:

(6) "Donor" means an individual who provides eggs or sperm to a licensed physician to be used for assisted reproduction, regardless of whether the eggs or sperm are provided for consideration. The term does not include:"Donor means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration. The term does not include:

(A) a husband who provides sperm or a wife who provides eggs to be used for assisted reproduction by the wife;a woman who gives birth to a child conceived by assisted reproduction;

(B) a woman who gives birth to a child by means of assisted reproduction;a parent under Article 7 or an intended parent under Article 8.

(C) an unmarried man who, with the intent to be the father of the resulting child, provides sperm to be used for assisted reproduction by an unmarried woman, as provided by Section 160.7031.

SECTION 5. The changes in law made by this Act with respect to an order adjudicating paternity apply only to an order rendered on or after the effective date of this Act. An order adjudicating paternity rendered before the effective date of this Act is governed by the law in effect on the date in the order is rendered, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect on September 1, 2025.