Texas 2009 - 81st Regular

Texas House Bill HB822 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R773 KKA-F
2	2	By: Gonzalez Toureilles H.B. No. 822
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to gestational agreements.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 160.102(9), Family Code, is amended to
10	10	read as follows:
11	11	(9) "Intended parent [parents]" means an individual
12	12	[individuals] who enters [enter] into an agreement providing that
13	13	the individual [individuals] will be the parent [parents] of a
14	14	child born to a gestational mother by means of assisted
15	15	reproduction, regardless of whether the [either] individual has a
16	16	genetic relationship with the child.
17	17	SECTION 2. Section 160.752(a), Family Code, is amended to
18	18	read as follows:
19	19	(a) Notwithstanding any other provision of this chapter or
20	20	another law, this subchapter authorizes an agreement between a
21	21	woman and the intended parent [parents] of a child in which the
22	22	woman relinquishes all rights as a parent of a child conceived by
23	23	means of assisted reproduction and that provides that the intended
24	24	parent becomes [parents become] the parent [parents] of the child.
25	25	SECTION 3. Sections 160.754(a) and (b), Family Code, are
26	26	amended to read as follows:
27	27	(a) A prospective gestational mother, her husband if she is
28	28	married, [each donor,] and each intended parent may enter into a
29	29	written agreement providing that:
30	30	(1) the prospective gestational mother agrees to
31	31	pregnancy by means of assisted reproduction;
32	32	(2) the prospective gestational mother and [,] her
33	33	husband if she is married[, and each donor other than the intended
34	34	parents, if applicable,] relinquish all parental rights and duties
35	35	with respect to a child conceived through assisted reproduction;
36	36	(3) the intended parent [parents] will be the parent
37	37	[parents] of the child; and
38	38	(4) the gestational mother and each intended parent
39	39	agree to exchange throughout the period covered by the agreement
40	40	all relevant information regarding the health of the gestational
41	41	mother and each intended parent.
42	42	(b) [The intended parents must be married to each other.]
43	43	Each intended parent must be a party to the gestational agreement.
44	44	SECTION 4. Section 160.755, Family Code, is amended to read
45	45	as follows:
46	46	Sec. 160.755. PETITION TO VALIDATE GESTATIONAL AGREEMENT.
47	47	(a) The intended parent [parents] and the prospective gestational
48	48	mother under a gestational agreement may commence a proceeding to
49	49	validate the agreement.
50	50	(b) A person may maintain a proceeding to validate a
51	51	gestational agreement only if:
52	52	(1) the prospective gestational mother or the intended
53	53	parent has [parents have] resided in this state for the 90 days
54	54	preceding the date the proceeding is commenced;
55	55	(2) the prospective gestational mother's husband, if
56	56	she is married, is joined as a party to the proceeding; and
57	57	(3) a copy of the gestational agreement is attached to
58	58	the petition.
59	59	SECTION 5. Sections 160.756(b) and (c), Family Code, are
60	60	amended to read as follows:
61	61	(b) The court may validate a gestational agreement as
62	62	provided by Subsection (c) only if the court finds that:
63	63	(1) the parties have submitted to the jurisdiction of
64	64	the court under the jurisdictional standards of this chapter;
65	65	(2) if there is an intended mother, the medical
66	66	evidence provided shows that the intended mother is unable to carry
67	67	a pregnancy to term and give birth to the child or is unable to carry
68	68	the pregnancy to term and give birth to the child without
69	69	unreasonable risk to her physical or mental health or to the health
70	70	of the unborn child;
71	71	(3) unless waived by the court, an agency or other
72	72	person has conducted a home study of the intended parent [parents]
73	73	and has determined that the intended parent meets [parents meet]
74	74	the standards of fitness applicable to adoptive parents;
75	75	(4) each party to the agreement has voluntarily
76	76	entered into and understands the terms of the agreement;
77	77	(5) the prospective gestational mother has had at
78	78	least one previous pregnancy and delivery and carrying another
79	79	pregnancy to term and giving birth to another child would not pose
80	80	an unreasonable risk to the child's health or the physical or mental
81	81	health of the prospective gestational mother; and
82	82	(6) the parties have adequately provided for which
83	83	party is responsible for all reasonable health care expenses
84	84	associated with the pregnancy, including providing for who is
85	85	responsible for those expenses if the agreement is terminated.
86	86	(c) If the court finds that the requirements of Subsection
87	87	(b) are satisfied, the court may render an order validating the
88	88	gestational agreement and declaring that the intended parent
89	89	[parents] will be the parent [parents] of a child born under the
90	90	agreement.
91	91	SECTION 6. Section 160.759(a), Family Code, is amended to
92	92	read as follows:
93	93	(a) Before a prospective gestational mother becomes
94	94	pregnant by means of assisted reproduction, the prospective
95	95	gestational mother, her husband if she is married, or an [either]
96	96	intended parent may terminate a gestational agreement validated
97	97	under Section 160.756 by giving written notice of the termination
98	98	to each other party to the agreement.
99	99	SECTION 7. Sections 160.760(a), (b), and (d), Family Code,
100	100	are amended to read as follows:
101	101	(a) On the birth of a child to a gestational mother under a
102	102	validated gestational agreement, the intended parent [parents]
103	103	shall file a notice of the birth with the court not later than the
104	104	300th day after the date assisted reproduction occurred.
105	105	(b) After receiving notice of the birth, the court shall
106	106	render an order that:
107	107	(1) confirms that the intended parent is [parents are]
108	108	the child's parent [parents];
109	109	(2) requires the gestational mother to surrender the
110	110	child to the intended parent [parents], if necessary; and
111	111	(3) requires the bureau of vital statistics to issue a
112	112	birth certificate naming the intended parent [parents] as the
113	113	child's parent [parents].
114	114	(d) If the intended parent fails [parents fail] to file the
115	115	notice required by Subsection (a), the gestational mother or an
116	116	appropriate state agency may file the notice required by that
117	117	subsection. On a showing that an order validating the
118	118	gestational agreement was rendered in accordance with Section
119	119	160.756, the court shall order that the intended parent is [parents
120	120	are] the child's parent [parents] and is [are] financially
121	121	responsible for the child.
122	122	SECTION 8. The changes in law made by this Act apply to a
123	123	gestational agreement regardless of the date:
124	124	(1) the agreement was executed; or
125	125	(2) a proceeding to validate the agreement was
126	126	commenced.
127	127	SECTION 9. This Act takes effect September 1, 2009.