Texas 2025 - 89th Regular

Texas House Bill HB5494 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Bryant H.B. No. 5494
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		Relating to the determination of parentage of a child conceived by
7	9		assisted reproduction.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 160.7031, Family Code, is amended to
10	12		read as follows:
11	13		Sec. 160.7031. UNMARRIED MAN'S PATERNITYPARENTAGE OF CHILD
12	14		OF ASSISTED REPRODUCTION. (a) If an unmarried man, with the intent
13	15		to be the father of a resulting child, provides sperm to a licensed
14	16		physician and consents to the use of that sperm forAn individual
15	17		who consents under Section 704 to assisted reproduction by an
16	18		unmarried woman, he is the fatherwith the intent to be a parent of a
17	19		child conceived by the assisted reproduction is a parent of a
18	20		resulting child.
19	21		(b) Consent by an unmarried man who intends to be the father
20	22		of a resulting child in accordance with this section must be in a
21	23		record signed by the man and the unmarried woman and kept by a
22	24		licensed physician.
23	25		SECTION 2. Section 160.704, Family Code, is amended to read
24	26		as follows:
25	27		Sec. 160.704. CONSENT TO ASSISTED REPRODUCTION. (a)
26	28		Consent by a married woman to assisted reproduction must be in a
27	29		record signed by the woman and her husband and kept by a licensed
28	30		physician. This requirement does not apply to the donation of eggs
29	31		by a married woman for assisted reproduction by another woman.
30	32		Except as otherwise provided in subsection (b), the consent
31	33		described in Section 703 must be in a record signed by a woman
32	34		giving birth to a child conceived by assisted reproduction and an
33	35		individual who intends to be a parent of the child.
34	36		(b) Failure by the husband to sign a consent required by
35	37		Subsection (a) before or after the birth of the child does not
36	38		preclude a finding that the husband is the father of a child born to
37	39		his wife if the wife and husband openly treated the child as their
38	40		own.Failure to consent in a record as required by subsection (a),
39	41		before, on, or after birth of the child, does not preclude the court
40	42		from finding consent to parentage if:
41	43		(1) The woman or the individual proves by
42	44		clear-and-convincing evidence the existence of an express
43	45		agreement entered into before conception that the individual and
44	46		the woman intended they both would be parents of the child; or
45	47		(2) The woman and the individual for the first two
46	48		years of the child's life, including any period of temporary
47	49		absence, resided together in the same household with the child and
48	50		both openly held out the child as the individual's child, unless the
49	51		individual dies or becomes incapacitated before the child attains
50	52		two years of age or the child dies before the child attains two
51	53		years of age, in which case the court may find consent under this
52	54		subsection to parentage if a party proves by clear-and-convincing
53	55		evidence that the woman and the individual intended to reside
54	56		together in the same household with the child and both intended the
55	57		individual would openly hold out the child as the individual's
56	58		child, but the individual was prevented from carrying out that
57	59		intent by death or incapacity.
58	60		SECTION 3. Section 160.102(9), Family Code, is amended to
59	61		read as follows:
60	62		(9) "Intended parents" means individuals who enter
61	63		into an agreement providing that the individuals will be the
62	64		parents of a child born to a gestational mother by means of assisted
63	65		reproduction, regardless of whether either individual has a genetic
64	66		relationship with the child."Intended parent" means an individual,
65	67		married or unmarried, who manifests an intent to be legally bound as
66	68		a parent of a child conceived by assisted reproduction.
67	69		SECTION 4. Section 160.102, Family Code, is amended by
68	70		amending subsection (6) to read as follows:
69	71		(6) "Donor" means an individual who provides eggs or
70	72		sperm to a licensed physician to be used for assisted reproduction,
71	73		regardless of whether the eggs or sperm are provided for
72	74		consideration. The term does not include:"Donor means an
73	75		individual who provides gametes intended for use in assisted
74	76		reproduction, whether or not for consideration. The term does not
75	77		include:
76	78		(A) a husband who provides sperm or a wife who
77	79		provides eggs to be used for assisted reproduction by the wife;a
78	80		woman who gives birth to a child conceived by assisted
79	81		reproduction;
80	82		(B) a woman who gives birth to a child by means of
81	83		assisted reproduction;a parent under Article 7 or an intended
82	84		parent under Article 8.
83	85		(C) an unmarried man who, with the intent to be
84	86		the father of the resulting child, provides sperm to be used for
85	87		assisted reproduction by an unmarried woman, as provided by Section
86	88		160.7031.
87	89		SECTION 5. The changes in law made by this Act with respect
88	90		to an order adjudicating paternity apply only to an order rendered
89	91		on or after the effective date of this Act. An order adjudicating
90	92		paternity rendered before the effective date of this Act is
91	93		governed by the law in effect on the date in the order is rendered,
92	94		and the former law is continued in effect for that purpose.
93	95		SECTION 6. This Act takes effect on September 1, 2025.