By: Bryant H.B. No. 5494
A BILL TO BE ENTITLED
AN ACT
Relating to the determination of parentage of a child conceived by
assisted reproduction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 160.7031, Family Code, is amended to
read as follows:
Sec. 160.7031. UNMARRIED MAN'S PATERNITYPARENTAGE OF CHILD
OF ASSISTED REPRODUCTION. (a) If an unmarried man, with the intent
to be the father of a resulting child, provides sperm to a licensed
physician and consents to the use of that sperm forAn individual
who consents under Section 704 to assisted reproduction by an
unmarried woman, he is the fatherwith the intent to be a parent of a
child conceived by the assisted reproduction is a parent of a
resulting child.
(b) Consent by an unmarried man who intends to be the father
of a resulting child in accordance with this section must be in a
record signed by the man and the unmarried woman and kept by a
licensed physician.
SECTION 2. Section 160.704, Family Code, is amended to read
as follows:
Sec. 160.704. CONSENT TO ASSISTED REPRODUCTION. (a)
Consent by a married woman to assisted reproduction must be in a
record signed by the woman and her husband and kept by a licensed
physician. This requirement does not apply to the donation of eggs
by a married woman for assisted reproduction by another woman.
Except as otherwise provided in subsection (b), the consent
described in Section 703 must be in a record signed by a woman
giving birth to a child conceived by assisted reproduction and an
individual who intends to be a parent of the child.
(b) Failure by the husband to sign a consent required by
Subsection (a) before or after the birth of the child does not
preclude a finding that the husband is the father of a child born to
his wife if the wife and husband openly treated the child as their
own.Failure to consent in a record as required by subsection (a),
before, on, or after birth of the child, does not preclude the court
from finding consent to parentage if:
(1) The woman or the individual proves by
clear-and-convincing evidence the existence of an express
agreement entered into before conception that the individual and
the woman intended they both would be parents of the child; or
(2) The woman and the individual for the first two
years of the child's life, including any period of temporary
absence, resided together in the same household with the child and
both openly held out the child as the individual's child, unless the
individual dies or becomes incapacitated before the child attains
two years of age or the child dies before the child attains two
years of age, in which case the court may find consent under this
subsection to parentage if a party proves by clear-and-convincing
evidence that the woman and the individual intended to reside
together in the same household with the child and both intended the
individual would openly hold out the child as the individual's
child, but the individual was prevented from carrying out that
intent by death or incapacity.
SECTION 3. Section 160.102(9), Family Code, is amended to
read as follows:
(9) "Intended parents" means individuals who enter
into an agreement providing that the individuals will be the
parents of a child born to a gestational mother by means of assisted
reproduction, regardless of whether either individual has a genetic
relationship with the child."Intended parent" means an individual,
married or unmarried, who manifests an intent to be legally bound as
a parent of a child conceived by assisted reproduction.
SECTION 4. Section 160.102, Family Code, is amended by
amending subsection (6) to read as follows:
(6) "Donor" means an individual who provides eggs or
sperm to a licensed physician to be used for assisted reproduction,
regardless of whether the eggs or sperm are provided for
consideration. The term does not include:"Donor means an
individual who provides gametes intended for use in assisted
reproduction, whether or not for consideration. The term does not
include:
(A) a husband who provides sperm or a wife who
provides eggs to be used for assisted reproduction by the wife;a
woman who gives birth to a child conceived by assisted
reproduction;
(B) a woman who gives birth to a child by means of
assisted reproduction;a parent under Article 7 or an intended
parent under Article 8.
(C) an unmarried man who, with the intent to be
the father of the resulting child, provides sperm to be used for
assisted reproduction by an unmarried woman, as provided by Section
160.7031.
SECTION 5. The changes in law made by this Act with respect
to an order adjudicating paternity apply only to an order rendered
on or after the effective date of this Act. An order adjudicating
paternity rendered before the effective date of this Act is
governed by the law in effect on the date in the order is rendered,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect on September 1, 2025.