86R10824 MM-F
By: Miles S.B. No. 1204
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.406, Family Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) If the parties to a suit for dissolution of a marriage
are the intended parents under a gestational agreement that is in
effect and that establishes a parent-child relationship between the
parties as intended parents and an unborn child on the birth of the
child, the petition in the suit for dissolution of a marriage shall
state:
(1) that the parties to the marriage have entered into
a gestational agreement establishing a parent-child relationship
between the parties as intended parents and an unborn child on the
birth of the child;
(2) whether the gestational mother under the agreement
is pregnant or a child who is the subject of the agreement has been
born; and
(3) whether the agreement has been validated under
Section 160.756.
SECTION 2. Section 102.003, Family Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) An original suit may be filed at any time by:
(1) a parent of the child;
(2) the child through a representative authorized by
the court;
(3) a custodian or person having the right of
visitation with or access to the child appointed by an order of a
court of another state or country;
(4) a guardian of the person or of the estate of the
child;
(5) a governmental entity;
(6) the Department of Family and Protective Services;
(7) a licensed child placing agency;
(8) a man alleging himself to be the father of a child
filing in accordance with Chapter 160, subject to the limitations
of that chapter, but not otherwise;
(9) a person, other than a foster parent, who has had
actual care, control, and possession of the child for at least six
months ending not more than 90 days preceding the date of the filing
of the petition;
(10) a person designated as the managing conservator
in a revoked or unrevoked affidavit of relinquishment under Chapter
161 or to whom consent to adoption has been given in writing under
Chapter 162;
(11) a person with whom the child and the child's
guardian, managing conservator, or parent have resided for at least
six months ending not more than 90 days preceding the date of the
filing of the petition if the child's guardian, managing
conservator, or parent is deceased at the time of the filing of the
petition;
(12) a person who is the foster parent of a child
placed by the Department of Family and Protective Services in the
person's home for at least 12 months ending not more than 90 days
preceding the date of the filing of the petition;
(13) a person who is a relative of the child within the
third degree by consanguinity, as determined by Chapter 573,
Government Code, if the child's parents are deceased at the time of
the filing of the petition; [or]
(14) a person who has been named as a prospective
adoptive parent of a child by a pregnant woman or the parent of the
child, in a verified written statement to confer standing executed
under Section 102.0035, regardless of whether the child has been
born; or
(15) subject to Subsection (d), a person who is an
intended parent of a child or unborn child under a gestational
agreement that substantially complies with the requirements of
Section 160.754.
(d) A person described by Subsection (a)(15) has standing to
file an original suit only if:
(1) the person is filing an original suit jointly with
the other intended parent under the gestational agreement; or
(2) the person is filing an original suit against the
other intended parent under the gestational agreement.
SECTION 3. Section 6.406, 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 4. This Act takes effect September 1, 2019.