Texas Senate Bill SB80

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to a suit for dissolution of marriage and associated suit affecting the parent-child relationship when a party is pregnant.

Impact

The proposed changes will amend multiple sections of the Texas Family Code, specifically regarding how courts handle cases of marriage dissolution involving pregnancy. By ensuring that pregnancy is formally acknowledged in divorce proceedings, the bill seeks to safeguard the interests of the unborn child and streamline the legal proceedings associated with both the marriage dissolution and custody matters. Moreover, it emphasizes the importance of resolving these matters in a timely manner without unnecessary delays due to pregnancy, which could impact the parties involved and their respective rights concerning the child.

Summary

Senate Bill 80 aims to address legal proceedings involving the dissolution of marriage when one of the parties is pregnant. The bill mandates that if a party is pregnant, their petition for divorce must explicitly state their pregnancy status and whether there are intentions to contest the paternity of the unborn child. Additionally, it requires that the dissolution suit must include an associated petition affecting the parent-child relationship regarding the unborn child, which will be deferred until after the child's birth. This reflects an effort to streamline legal processes related to family law in Texas when pregnancy is involved.

Sentiment

Overall, the sentiment regarding SB80 appears to be positive among family law advocates and certain lawmakers who believe it will enhance the recognition of the unborn child's rights during divorce proceedings. Proponents highlight that the bill would promote clarity and prevent protracted legal battles over custody and parental rights when a child is pending birth. However, there may be some skepticism regarding the implications of deferment on the rights of the parties involved, as it centralizes the processing of these legal matters to a post-birth timeline.

Contention

Notable points of contention could arise around the implications of the court's ability to defer adjudication related to the unborn child. Critics may argue this could delay necessary protective measures for the child's welfare in cases of contested parentage or family violence situations. Additionally, there may be discussions around the added complexities introduced to family law practices, particularly concerning the expectations on legal practitioners in navigating these new requirements while balancing the needs of the families involved.

Texas Constitutional Statutes Affected

Family Code

• Chapter 6. Suit For Dissolution Of Marriage
  • Section: 406
  • Section: New Section

• Chapter 102. Filing Suit
  • Section: New Section