84R5922 KKA-D
By: Deshotel H.B. No. 1704
A BILL TO BE ENTITLED
AN ACT
relating to gestational agreements and a requirement that pregnancy
be disclosed in a suit for the dissolution of a marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.406(a), Family Code, is amended to
read as follows:
(a) The petition in a suit for dissolution of a marriage
shall state whether:
(1) there are children born or adopted of the marriage
who are under 18 years of age or who are otherwise entitled to
support as provided by Chapter 154;
(2) a party to the marriage is pregnant; or
(3) the parties to the marriage have entered into a
gestational agreement establishing a parent-child relationship
between the parties and the child to be born under the agreement.
SECTION 2. Section 160.752(b), Family Code, is amended to
read as follows:
(b) This subchapter controls over any other law with respect
to a child conceived under a gestational agreement under this
subchapter or other law, including the law of a foreign country.
SECTION 3. Section 160.753, Family Code, is amended to read
as follows:
Sec. 160.753. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
(a) Notwithstanding any other provision of this chapter or another
law, the mother-child relationship exists between a woman and a
child [by an adjudication confirming the woman as a parent of the
child] born to a gestational mother under a gestational agreement
[if the gestational agreement is validated] under this subchapter
or enforceable under other law, including the law of a foreign
country, regardless of the fact that the gestational mother gave
birth to the child, unless:
(1) the agreement is terminated before the gestational
mother becomes pregnant; or
(2) a court renders an order denying the existence of
the mother-child relationship between the woman and the child.
(b) The father-child relationship exists between a man and a
child [and a man by an adjudication confirming the man as a parent
of the child] born to a gestational mother under a gestational
agreement [if the gestational agreement is validated] under this
subchapter or enforceable under other law, including the law of a
foreign country, unless:
(1) the agreement is terminated before the gestational
mother becomes pregnant; or
(2) a court renders an order denying the existence of
the father-child relationship between the man and the child.
SECTION 4. Section 160.754, Family Code, is amended by
adding Subsection (h) to read as follows:
(h) This section does not affect the validity of a
gestational agreement entered into under the laws of a foreign
country.
SECTION 5. Section 160.755, Family Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (c), a [A] person may
maintain a proceeding to validate a gestational agreement only if:
(1) the prospective gestational mother or the intended
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.
(c) A proceeding to validate a gestational agreement
entered into under the law of a foreign country may be maintained
without satisfying Subsection (b)(2) if the law of the foreign
country does not require the joinder of the gestational mother's
husband.
SECTION 6. Section 160.756, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) A gestational agreement may [must] be validated as
provided by this section.
(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 parents will
be the parents of a child born under the agreement].
(e) Notwithstanding Subsection (b), (c), or (d), the court
shall validate a gestational agreement entered into under the laws
of a foreign country if the agreement complies with the
requirements of those laws.
SECTION 7. Section 160.757, Family Code, is amended to read
as follows:
Sec. 160.757. INSPECTION OF RECORDS. The proceedings,
records, and identities of the parties to a gestational agreement
[under this subchapter] are subject to inspection under the same
standards of confidentiality that apply to an adoption under the
laws of this state.
SECTION 8. The heading to Section 160.760, Family Code, is
amended to read as follows:
Sec. 160.760. PARENTAGE UNDER [VALIDATED] GESTATIONAL
AGREEMENT.
SECTION 9. Sections 160.760(a) 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 parents shall file
a notice of the birth with the court not later than the 300th day
after the date assisted reproduction occurred.
(d) If the intended 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 a [an order validating the] gestational agreement was
entered into by the intended parents and the gestational mother,
the agreement was not terminated before the gestational mother
became pregnant, and a court has not denied the existence of the
parent-child relationship between the intended parents and the
child [rendered in accordance with Section 160.756], the court
shall order that the intended parents are the child's parents and
are financially responsible for the child.
SECTION 10. Section 160.761, Family Code, is amended to
read as follows:
Sec. 160.761. EFFECT OF GESTATIONAL MOTHER'S MARRIAGE AFTER
ENTERING [VALIDATION OF] AGREEMENT. If a gestational mother is
married after entering into [the court renders an order validating]
a gestational agreement [under this subchapter]:
(1) the validity of the gestational agreement is not
affected;
(2) the gestational mother's husband is not required
to consent to the agreement; and
(3) the gestational mother's husband is not a presumed
father of the child born under the terms of the agreement.
SECTION 11. Section 160.762, Family Code, is amended to
read as follows:
Sec. 160.762. RESPONSIBILITY OF INTENDED PARENTS UNDER
[EFFECT OF] GESTATIONAL AGREEMENT; FEES AND COSTS [THAT IS NOT
VALIDATED]. (a) [A gestational agreement that is not validated as
provided by this subchapter is unenforceable, regardless of whether
the agreement is in a record.
[(b) The parent-child relationship of a child born under a
gestational agreement that is not validated as provided by this
subchapter is determined as otherwise provided by this chapter.
[(c)] A party to a gestational agreement [that is not
validated as provided by this subchapter] who is an intended parent
under the agreement shall [may] be held liable for the support of a
child born under the agreement, unless the agreement was terminated
before the gestational mother became pregnant or a court denies the
existence of the parent-child relationship between the intended
parent and the child [even if the agreement is otherwise
unenforceable].
(b) [(d)] The court may assess filing fees, reasonable
attorney's fees, fees for genetic testing, other costs, and
necessary travel and other reasonable expenses incurred in a
proceeding under this section. Attorney's fees awarded by the
court may be paid directly to the attorney. An attorney who is
awarded attorney's fees may enforce the order in the attorney's own
name.
SECTION 12. Section 6.406(a), Family Code, as amended by
this Act, applies only to a petition for dissolution of a marriage
that is filed on or after the effective date of this Act. A petition
for dissolution of a marriage that is filed before the effective
date of this Act is governed by the law in effect on the date the
petition is filed, and the former law is continued in effect for
that purpose.
SECTION 13. This Act takes effect September 1, 2015.