Texas 2019 - 86th Regular

Texas Senate Bill SB1204

Caption

Relating to disclosure regarding the existence of a gestational agreement in a suit for the dissolution of a marriage and standing of an intended parent under a gestational agreement to file a suit affecting the parent-child relationship.

Impact

If enacted, SB1204 would significantly impact family law in Texas by establishing clearer guidelines on how gestational agreements are treated in legal disputes such as divorce. The law aims to prevent potential conflicts about parental rights once a child is born under such agreements, ensuring that intended parents have recognized legal standing. The changes will provide a structured approach for courts when handling cases involving gestational agreements, thus improving the legal framework for disputes related to parent-child relationships under these circumstances.

Summary

SB1204 seeks to amend the Family Code of Texas by introducing new provisions regarding gestational agreements in the context of marriage dissolution. Specifically, the bill requires that any petition for divorce involving intended parents under a gestational agreement must disclose the existence of that agreement and its implications for the parent-child relationship. This requirement aims to clarify the legal standing of intended parents and ensure that all relevant information is presented during divorce proceedings. The bill makes it clear that intended parents will maintain their rights concerning the unborn child as stipulated in the gestational agreement.

Contention

Notable points of contention surrounding SB1204 include concerns regarding parental rights, especially in cases where the interests of the biological mother may conflict with those of the intended parents. Critics of the bill may argue that the requirement for such disclosures could complicate divorce proceedings and that there needs to be careful consideration regarding the rights of all parties involved. Supporters, however, argue that the bill promotes transparency and is essential for protecting the rights of intended parents, who may otherwise find their status in legal limbo during dissolution processes.

Companion Bills

TX HB1689

Same As Relating to disclosure regarding the existence of a gestational agreement in a suit for the dissolution of a marriage and standing of an intended parent under a gestational agreement to file a suit affecting the parent-child relationship.

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