Texas 2019 - 86th Regular

Texas Senate Bill SB1204 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10824 MM-F
2	2	By: Miles S.B. No. 1204
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to disclosure regarding the existence of a gestational
8	8	agreement in a suit for the dissolution of a marriage and standing
9	9	of an intended parent under a gestational agreement to file a suit
10	10	affecting the parent-child relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 6.406, Family Code, is amended by adding
13	13	Subsection (a-1) to read as follows:
14	14	(a-1) If the parties to a suit for dissolution of a marriage
15	15	are the intended parents under a gestational agreement that is in
16	16	effect and that establishes a parent-child relationship between the
17	17	parties as intended parents and an unborn child on the birth of the
18	18	child, the petition in the suit for dissolution of a marriage shall
19	19	state:
20	20	(1) that the parties to the marriage have entered into
21	21	a gestational agreement establishing a parent-child relationship
22	22	between the parties as intended parents and an unborn child on the
23	23	birth of the child;
24	24	(2) whether the gestational mother under the agreement
25	25	is pregnant or a child who is the subject of the agreement has been
26	26	born; and
27	27	(3) whether the agreement has been validated under
28	28	Section 160.756.
29	29	SECTION 2. Section 102.003, Family Code, is amended by
30	30	amending Subsection (a) and adding Subsection (d) to read as
31	31	follows:
32	32	(a) An original suit may be filed at any time by:
33	33	(1) a parent of the child;
34	34	(2) the child through a representative authorized by
35	35	the court;
36	36	(3) a custodian or person having the right of
37	37	visitation with or access to the child appointed by an order of a
38	38	court of another state or country;
39	39	(4) a guardian of the person or of the estate of the
40	40	child;
41	41	(5) a governmental entity;
42	42	(6) the Department of Family and Protective Services;
43	43	(7) a licensed child placing agency;
44	44	(8) a man alleging himself to be the father of a child
45	45	filing in accordance with Chapter 160, subject to the limitations
46	46	of that chapter, but not otherwise;
47	47	(9) a person, other than a foster parent, who has had
48	48	actual care, control, and possession of the child for at least six
49	49	months ending not more than 90 days preceding the date of the filing
50	50	of the petition;
51	51	(10) a person designated as the managing conservator
52	52	in a revoked or unrevoked affidavit of relinquishment under Chapter
53	53	161 or to whom consent to adoption has been given in writing under
54	54	Chapter 162;
55	55	(11) a person with whom the child and the child's
56	56	guardian, managing conservator, or parent have resided for at least
57	57	six months ending not more than 90 days preceding the date of the
58	58	filing of the petition if the child's guardian, managing
59	59	conservator, or parent is deceased at the time of the filing of the
60	60	petition;
61	61	(12) a person who is the foster parent of a child
62	62	placed by the Department of Family and Protective Services in the
63	63	person's home for at least 12 months ending not more than 90 days
64	64	preceding the date of the filing of the petition;
65	65	(13) a person who is a relative of the child within the
66	66	third degree by consanguinity, as determined by Chapter 573,
67	67	Government Code, if the child's parents are deceased at the time of
68	68	the filing of the petition; [or]
69	69	(14) a person who has been named as a prospective
70	70	adoptive parent of a child by a pregnant woman or the parent of the
71	71	child, in a verified written statement to confer standing executed
72	72	under Section 102.0035, regardless of whether the child has been
73	73	born; or
74	74	(15) subject to Subsection (d), a person who is an
75	75	intended parent of a child or unborn child under a gestational
76	76	agreement that substantially complies with the requirements of
77	77	Section 160.754.
78	78	(d) A person described by Subsection (a)(15) has standing to
79	79	file an original suit only if:
80	80	(1) the person is filing an original suit jointly with
81	81	the other intended parent under the gestational agreement; or
82	82	(2) the person is filing an original suit against the
83	83	other intended parent under the gestational agreement.
84	84	SECTION 3. Section 6.406, Family Code, as amended by this
85	85	Act, applies only to a petition for dissolution of a marriage that
86	86	is filed on or after the effective date of this Act. A petition for
87	87	dissolution of a marriage that is filed before the effective date of
88	88	this Act is governed by the law in effect on the date the petition is
89	89	filed, and the former law is continued in effect for that purpose.
90	90	SECTION 4. This Act takes effect September 1, 2019.