81R773 KKA-F
By: Gonzalez Toureilles H.B. No. 822
A BILL TO BE ENTITLED
AN ACT
relating to gestational agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 160.102(9), Family Code, is amended to
read as follows:
(9) "Intended parent [parents]" means an individual
[individuals] who enters [enter] into an agreement providing that
the individual [individuals] will be the parent [parents] of a
child born to a gestational mother by means of assisted
reproduction, regardless of whether the [either] individual has a
genetic relationship with the child.
SECTION 2. Section 160.752(a), Family Code, is amended to
read as follows:
(a) Notwithstanding any other provision of this chapter or
another law, this subchapter authorizes an agreement between a
woman and the intended parent [parents] of a child in which the
woman relinquishes all rights as a parent of a child conceived by
means of assisted reproduction and that provides that the intended
parent becomes [parents become] the parent [parents] of the child.
SECTION 3. Sections 160.754(a) and (b), Family Code, are
amended to read as follows:
(a) A prospective gestational mother, her husband if she is
married, [each donor,] and each intended parent may enter into a
written agreement providing that:
(1) the prospective gestational mother agrees to
pregnancy by means of assisted reproduction;
(2) the prospective gestational mother and [,] her
husband if she is married[, and each donor other than the intended
parents, if applicable,] relinquish all parental rights and duties
with respect to a child conceived through assisted reproduction;
(3) the intended parent [parents] will be the parent
[parents] of the child; and
(4) the gestational mother and each intended parent
agree to exchange throughout the period covered by the agreement
all relevant information regarding the health of the gestational
mother and each intended parent.
(b) [The intended parents must be married to each other.]
Each intended parent must be a party to the gestational agreement.
SECTION 4. Section 160.755, Family Code, is amended to read
as follows:
Sec. 160.755. PETITION TO VALIDATE GESTATIONAL AGREEMENT.
(a) The intended parent [parents] and the prospective gestational
mother under a gestational agreement may commence a proceeding to
validate the agreement.
(b) A person may maintain a proceeding to validate a
gestational agreement only if:
(1) the prospective gestational mother or the intended
parent has [parents have] resided in this state for the 90 days
preceding the date the proceeding is commenced;
(2) the prospective gestational mother's husband, if
she is married, is joined as a party to the proceeding; and
(3) a copy of the gestational agreement is attached to
the petition.
SECTION 5. Sections 160.756(b) and (c), Family Code, are
amended to read as follows:
(b) The court may validate a gestational agreement as
provided by Subsection (c) only if the court finds that:
(1) the parties have submitted to the jurisdiction of
the court under the jurisdictional standards of this chapter;
(2) if there is an intended mother, the medical
evidence provided shows that the intended mother is unable to carry
a pregnancy to term and give birth to the child or is unable to carry
the pregnancy to term and give birth to the child without
unreasonable risk to her physical or mental health or to the health
of the unborn child;
(3) unless waived by the court, an agency or other
person has conducted a home study of the intended parent [parents]
and has determined that the intended parent meets [parents meet]
the standards of fitness applicable to adoptive parents;
(4) each party to the agreement has voluntarily
entered into and understands the terms of the agreement;
(5) the prospective gestational mother has had at
least one previous pregnancy and delivery and carrying another
pregnancy to term and giving birth to another child would not pose
an unreasonable risk to the child's health or the physical or mental
health of the prospective gestational mother; and
(6) the parties have adequately provided for which
party is responsible for all reasonable health care expenses
associated with the pregnancy, including providing for who is
responsible for those expenses if the agreement is terminated.
(c) If the court finds that the requirements of Subsection
(b) are satisfied, the court may render an order validating the
gestational agreement and declaring that the intended parent
[parents] will be the parent [parents] of a child born under the
agreement.
SECTION 6. Section 160.759(a), Family Code, is amended to
read as follows:
(a) Before a prospective gestational mother becomes
pregnant by means of assisted reproduction, the prospective
gestational mother, her husband if she is married, or an [either]
intended parent may terminate a gestational agreement validated
under Section 160.756 by giving written notice of the termination
to each other party to the agreement.
SECTION 7. Sections 160.760(a), (b), and (d), Family Code,
are amended to read as follows:
(a) On the birth of a child to a gestational mother under a
validated gestational agreement, the intended parent [parents]
shall file a notice of the birth with the court not later than the
300th day after the date assisted reproduction occurred.
(b) After receiving notice of the birth, the court shall
render an order that:
(1) confirms that the intended parent is [parents are]
the child's parent [parents];
(2) requires the gestational mother to surrender the
child to the intended parent [parents], if necessary; and
(3) requires the bureau of vital statistics to issue a
birth certificate naming the intended parent [parents] as the
child's parent [parents].
(d) If the intended parent fails [parents fail] to file the
notice required by Subsection (a), the gestational mother or an
appropriate state agency may file the notice required by that
subsection. On a showing that an order validating the
gestational agreement was rendered in accordance with Section
160.756, the court shall order that the intended parent is [parents
are] the child's parent [parents] and is [are] financially
responsible for the child.
SECTION 8. The changes in law made by this Act apply to a
gestational agreement regardless of the date:
(1) the agreement was executed; or
(2) a proceeding to validate the agreement was
commenced.
SECTION 9. This Act takes effect September 1, 2009.