Texas 2009 - 81st Regular

Texas Senate Bill SB2027 Compare Versions

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1	1	By: Watson S.B. No. 2027
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to gestational agreements.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subdivision (9), Section 160.102, Family Code,
9	9	is amended to read as follows:
10	10	(9) "Intended parent [parents]" means an individual
11	11	[individuals] who enters [enter] into an agreement providing that
12	12	the individual [individuals] will be the parent [parents] of a
13	13	child born to a gestational mother by means of assisted
14	14	reproduction, regardless of whether the [either] individual has a
15	15	genetic relationship with the child.
16	16	SECTION 2. Subsection (a), Section 160.752, Family Code, is
17	17	amended to read as follows:
18	18	(a) Notwithstanding any other provision of this chapter or
19	19	another law, this subchapter authorizes an agreement between a
20	20	woman and the intended parent or parents of a child in which the
21	21	woman relinquishes all rights as a parent of a child conceived by
22	22	means of assisted reproduction and that provides that each [the]
23	23	intended parent becomes [parents become] the parent [parents] of
24	24	the child.
25	25	SECTION 3. Subsections (a) and (b), Section 160.754, Family
26	26	Code, are 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) each [the] intended parent [parents] will be the
37	37	parent [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) Subject to the requirements of this subsection, an
43	43	intended parent may be married or unmarried. If an intended parent
44	44	is married, each spouse must be an intended parent and a party to
45	45	the gestational agreement. If an intended parent is unmarried,
46	46	another individual may not be a party to the gestational agreement
47	47	as an additional intended parent of the child [The intended parents
48	48	must be married to each other. Each intended parent must be a party
49	49	to the gestational agreement].
50	50	SECTION 4. Section 160.755, Family Code, is amended to read
51	51	as follows:
52	52	Sec. 160.755. PETITION TO VALIDATE GESTATIONAL AGREEMENT.
53	53	(a) The intended parent or parents and the prospective gestational
54	54	mother under a gestational agreement may commence a proceeding to
55	55	validate the agreement.
56	56	(b) A person may maintain a proceeding to validate a
57	57	gestational agreement only if:
58	58	(1) the prospective gestational mother or an [the]
59	59	intended parent has [parents have] resided in this state for the 90
60	60	days preceding the date the proceeding is commenced;
61	61	(2) the prospective gestational mother's husband, if
62	62	she is married, is joined as a party to the proceeding; and
63	63	(3) a copy of the gestational agreement is attached to
64	64	the petition.
65	65	SECTION 5. Subsections (b) and (c), Section 160.756, Family
66	66	Code, are amended to read as follows:
67	67	(b) The court may validate a gestational agreement as
68	68	provided by Subsection (c) only if the court finds that:
69	69	(1) the parties have submitted to the jurisdiction of
70	70	the court under the jurisdictional standards of this chapter;
71	71	(2) if there is an intended mother, the medical
72	72	evidence provided shows that the intended mother is unable to carry
73	73	a pregnancy to term and give birth to the child or is unable to carry
74	74	the pregnancy to term and give birth to the child without
75	75	unreasonable risk to her physical or mental health or to the health
76	76	of the unborn child;
77	77	(3) unless waived by the court, an agency or other
78	78	person has conducted a home study of the intended parent or parents
79	79	and has determined that the intended parent or parents meet the
80	80	standards of fitness applicable to adoptive parents;
81	81	(4) each party to the agreement has voluntarily
82	82	entered into and understands the terms of the agreement;
83	83	(5) the prospective gestational mother has had at
84	84	least one previous pregnancy and delivery and carrying another
85	85	pregnancy to term and giving birth to another child would not pose
86	86	an unreasonable risk to the child's health or the physical or mental
87	87	health of the prospective gestational mother; and
88	88	(6) the parties have adequately provided for which
89	89	party is responsible for all reasonable health care expenses
90	90	associated with the pregnancy, including providing for who is
91	91	responsible for those expenses if the agreement is terminated.
92	92	(c) If the court finds that the requirements of Subsection
93	93	(b) are satisfied, the court may render an order validating the
94	94	gestational agreement and declaring that each [the] intended parent
95	95	[parents] will be the parent [parents] of a child born under the
96	96	agreement.
97	97	SECTION 6. Subsection (a), Section 160.759, Family Code, is
98	98	amended to read as follows:
99	99	(a) Before a prospective gestational mother becomes
100	100	pregnant by means of assisted reproduction, the prospective
101	101	gestational mother, her husband if she is married, or an [either]
102	102	intended parent may terminate a gestational agreement validated
103	103	under Section 160.756 by giving written notice of the termination
104	104	to each other party to the agreement.
105	105	SECTION 7. Subsections (a), (b), and (d), Section 160.760,
106	106	Family Code, are amended to read as follows:
107	107	(a) On the birth of a child to a gestational mother under a
108	108	validated gestational agreement, the intended parent or parents
109	109	shall file a notice of the birth with the court not later than the
110	110	300th day after the date assisted reproduction occurred.
111	111	(b) After receiving notice of the birth, the court shall
112	112	render an order that:
113	113	(1) confirms that each [the] intended parent is
114	114	[parents are] the child's parent [parents];
115	115	(2) requires the gestational mother to surrender the
116	116	child to the intended parent or parents, if necessary; and
117	117	(3) requires the bureau of vital statistics to issue a
118	118	birth certificate naming each [the] intended parent [parents] as
119	119	the child's parent [parents].
120	120	(d) If the intended parent or parents fail to file the
121	121	notice required by Subsection (a), the gestational mother or an
122	122	appropriate state agency may file the notice required by that
123	123	subsection. On a showing that an order validating the gestational
124	124	agreement was rendered in accordance with Section 160.756, the
125	125	court shall order that each [the] intended parent is [parents are]
126	126	the child's parent [parents] and is [are] financially responsible
127	127	for the child.
128	128	SECTION 8. The changes in law made by this Act apply to a
129	129	gestational agreement regardless of the date:
130	130	(1) the agreement was executed; or
131	131	(2) a proceeding to validate the agreement was
132	132	commenced.
133	133	SECTION 9. This Act takes effect September 1, 2009.