88R22116 MLH-D
By: Talarico H.B. No. 3754
A BILL TO BE ENTITLED
AN ACT
relating to a suit for dissolution of a marriage and associated suit
affecting the parent-child relationship when a party is pregnant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.406, Family Code, is amended by adding
Subsection (c) to read as follows:
(c) If a party to a suit for dissolution of a marriage
discloses to the court that a party is pregnant, the suit must
include a suit affecting the parent-child relationship regarding
the unborn child under Title 5.
SECTION 2. Subchapter H, Chapter 6, Family Code, is amended
by adding Section 6.713 to read as follows:
Sec. 6.713. FINAL DECREE WHEN PARTY IS PREGNANT; SEVERING
OF RELATED MATTERS. (a) A court may not deny or delay rendering a
decree of dissolution of marriage solely because a party to the suit
is pregnant.
(b) If a party to the suit is known by the court to be
pregnant, the court may, on a showing of good cause, sever:
(1) a suit affecting the parent-child relationship
joined under Section 6.406; or
(2) a claim or other matter related to division of the
marital estate.
(c) If a court severs a suit, claim, or other matter under
Subsection (b), the court:
(1) shall render, as applicable, orders for injunctive
or other relief the court considers necessary to protect, until
final adjudication of the matter severed:
(A) the parties to the suit for dissolution of
the marriage;
(B) a child or unborn child subject to a suit
affecting the parent-child relationship that has been severed; and
(C) the marital estate;
(2) may not waive or consider waived any unadjudicated
claim:
(A) pending at the time the matter is severed; or
(B) that may arise after the court renders a
decree for dissolution of the marriage; and
(3) may not require any additional fees in relation to
the matter severed.
(d) A decree of dissolution of marriage rendered while a
party to the suit is pregnant does not affect proceedings in a suit
affecting the parent-child relationship regarding the unborn
child.
SECTION 3. Section 102.003(a), Family Code, is amended 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;
(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 complies with the requirements of Section 160.754;
or
(16) a person who is a party to a suit for dissolution
of marriage under Chapter 6 in which one of the parties to the suit
is pregnant.
SECTION 4. Section 102.008, Family Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The petition must include:
(1) a statement that:
(A) the court in which the petition is filed has
continuing, exclusive jurisdiction or that no court has continuing
jurisdiction of the suit; or
(B) in a suit in which adoption of a child is
requested, the court in which the petition is filed has
jurisdiction of the suit under Section 103.001(b);
(2) the name and date of birth of the child, except
that:
(A) if adoption of a child is requested, the name
of the child may be omitted; and
(B) if the suit is filed under Section
102.003(a)(16), the petition must state that the child has not been
born and the expected date of birth of the child;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made;
(11) a statement as to whether, in regard to a party to
the suit or a child of a party to the suit:
(A) there is in effect:
(i) a protective order under Title 4;
(ii) a protective order under Subchapter A,
Chapter 7B, Code of Criminal Procedure; or
(iii) an order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(B) an application for an order described by
Paragraph (A) is pending; and
(12) any other information required by this title.
(b-1) A petition to which Subsection (b)(2)(B) applies must
be amended as soon as practicable after the date of the child's
birth to state the name and date of birth of the child.
SECTION 5. The changes in law made by this Act apply to a
suit for dissolution of a marriage or a suit affecting the
parent-child relationship that is filed on or after the effective
date of this Act. A suit for dissolution of a marriage or a suit
affecting the parent-child relationship filed before the effective
date of this Act is governed by the law in effect on the date the
suit was filed, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2023.