Texas 2011 - 82nd Regular

Texas House Bill HB910 Compare Versions

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Old	New	Differences
1	1	82R26691 KKA-F
2	2	By: Thompson H.B. No. 910
3	3	Substitute the following for H.B. No. 910:
4	4	By: Jackson C.S.H.B. No. 910
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to gestational agreements.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 160.102(9), Family Code, is amended to
12	12	read as follows:
13	13	(9) "Intended parent [parents]" means an individual
14	14	[individuals] who enters [enter] into an agreement providing that
15	15	the individual [individuals] will be the parent [parents] of a
16	16	child born to a gestational mother by means of assisted
17	17	reproduction, regardless of whether the [either] individual has a
18	18	genetic relationship with the child.
19	19	SECTION 2. Section 160.752(a), Family Code, is amended to
20	20	read as follows:
21	21	(a) Notwithstanding any other provision of this chapter or
22	22	another law, this subchapter authorizes an agreement between a
23	23	woman and the intended parent or parents of a child in which the
24	24	woman relinquishes all rights as a parent of a child conceived by
25	25	means of assisted reproduction and that provides that each [the]
26	26	intended parent becomes [parents become] the parent [parents] of
27	27	the child.
28	28	SECTION 3. Sections 160.754(a) and (b), Family Code, are
29	29	amended to read as follows:
30	30	(a) A prospective gestational mother, her husband if she is
31	31	married, [each donor,] and each intended parent may enter into a
32	32	written agreement providing that:
33	33	(1) the prospective gestational mother agrees to
34	34	pregnancy by means of assisted reproduction;
35	35	(2) the prospective gestational mother and [,] her
36	36	husband if she is married[, and each donor other than the intended
37	37	parents, if applicable,] relinquish all parental rights and duties
38	38	with respect to a child conceived through assisted reproduction;
39	39	(3) each [the] intended parent [parents] will be the
40	40	parent [parents] of the child; and
41	41	(4) the gestational mother and each intended parent
42	42	agree to exchange throughout the period covered by the agreement
43	43	all relevant information regarding the health of the gestational
44	44	mother and each intended parent.
45	45	(b) Subject to the requirements of this subsection, an
46	46	intended parent may be married or unmarried. If an intended parent
47	47	is married, each spouse must be an intended parent and a party to
48	48	the gestational agreement. If an intended parent is unmarried,
49	49	another individual may not be a party to the gestational agreement
50	50	as an additional intended parent of the child. [The intended
51	51	parents must be married to each other. Each intended parent must be
52	52	a party to the gestational agreement.]
53	53	SECTION 4. Section 160.755, Family Code, is amended to read
54	54	as follows:
55	55	Sec. 160.755. PETITION TO VALIDATE GESTATIONAL AGREEMENT.
56	56	(a) The intended parent or parents and the prospective gestational
57	57	mother under a gestational agreement may commence a proceeding to
58	58	validate the agreement.
59	59	(b) A person may maintain a proceeding to validate a
60	60	gestational agreement only if:
61	61	(1) the prospective gestational mother or an [the]
62	62	intended parent has [parents have] resided in this state for the 90
63	63	days preceding the date the proceeding is commenced;
64	64	(2) the prospective gestational mother's husband, if
65	65	she is married, is joined as a party to the proceeding; and
66	66	(3) a copy of the gestational agreement is attached to
67	67	the petition.
68	68	SECTION 5. Sections 160.756(b) and (c), Family Code, are
69	69	amended to read as follows:
70	70	(b) The court may validate a gestational agreement as
71	71	provided by Subsection (c) only if the court finds that:
72	72	(1) the parties have submitted to the jurisdiction of
73	73	the court under the jurisdictional standards of this chapter;
74	74	(2) if there is an intended mother, the medical
75	75	evidence provided shows that the intended mother is unable to carry
76	76	a pregnancy to term and give birth to the child or is unable to carry
77	77	the pregnancy to term and give birth to the child without
78	78	unreasonable risk to her physical or mental health or to the health
79	79	of the unborn child;
80	80	(3) if there is an intended father who is unmarried:
81	81	(A) the eggs used in the assisted reproduction
82	82	were retrieved from the spouse of the intended father during their
83	83	marriage;
84	84	(B) the intended father and the spouse from whom
85	85	the eggs were retrieved were never divorced; and
86	86	(C) the spouse of the intended father was
87	87	deceased at the time the agreement was made;
88	88	(4) unless waived by the court, an agency or other
89	89	person has conducted a home study of the intended parent or parents
90	90	and has determined that the intended parent or parents meet the
91	91	standards of fitness applicable to adoptive parents;
92	92	(5) [(4)] each party to the agreement has voluntarily
93	93	entered into and understands the terms of the agreement;
94	94	(6) [(5)] the prospective gestational mother has had
95	95	at least one previous pregnancy and delivery and carrying another
96	96	pregnancy to term and giving birth to another child would not pose
97	97	an unreasonable risk to the child's health or the physical or mental
98	98	health of the prospective gestational mother; and
99	99	(7) [(6)] the parties have adequately provided for
100	100	which party is responsible for all reasonable health care expenses
101	101	associated with the pregnancy, including providing for who is
102	102	responsible for those expenses if the agreement is terminated.
103	103	(c) If the court finds that the requirements of Subsection
104	104	(b) are satisfied, the court may render an order validating the
105	105	gestational agreement and declaring that each [the] intended parent
106	106	[parents] will be the parent [parents] of a child born under the
107	107	agreement.
108	108	SECTION 6. Section 160.759(a), Family Code, is amended to
109	109	read as follows:
110	110	(a) Before a prospective gestational mother becomes
111	111	pregnant by means of assisted reproduction, the prospective
112	112	gestational mother, her husband if she is married, or an [either]
113	113	intended parent may terminate a gestational agreement validated
114	114	under Section 160.756 by giving written notice of the termination
115	115	to each other party to the agreement.
116	116	SECTION 7. Sections 160.760(a), (b), and (d), Family Code,
117	117	are amended to read as follows:
118	118	(a) On the birth of a child to a gestational mother under a
119	119	validated gestational agreement, the intended parent or parents
120	120	shall file a notice of the birth with the court not later than the
121	121	300th day after the date assisted reproduction occurred.
122	122	(b) After receiving notice of the birth, the court shall
123	123	render an order that:
124	124	(1) confirms that each [the] intended parent is
125	125	[parents are] the child's parent [parents];
126	126	(2) requires the gestational mother to surrender the
127	127	child to the intended parent or parents, if necessary; and
128	128	(3) requires the bureau of vital statistics to issue a
129	129	birth certificate naming each [the] intended parent [parents] as
130	130	the child's parent [parents].
131	131	(d) If the intended parent or parents fail to file the
132	132	notice required by Subsection (a), the gestational mother or an
133	133	appropriate state agency may file the notice required by that
134	134	subsection. On a showing that an order validating the gestational
135	135	agreement was rendered in accordance with Section 160.756, the
136	136	court shall order that each [the] intended parent is [parents are]
137	137	the child's parent [parents] and is [are] financially responsible
138	138	for the child.
139	139	SECTION 8. The changes in law made by this Act apply only to
140	140	a gestational agreement entered into on or after the effective date
141	141	of this Act. A gestational agreement entered into before the
142	142	effective date of this Act is governed by the law in effect on the
143	143	date the agreement is entered into, and the former law is continued
144	144	in effect for that purpose.
145	145	SECTION 9. This Act takes effect September 1, 2011.