Bill Text: TX HB1216 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-09 - Referred to State Affairs [HB1216 Detail]
Download: Texas-2017-HB1216-Introduced.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-09 - Referred to State Affairs [HB1216 Detail]
Download: Texas-2017-HB1216-Introduced.html
85R6423 MM-D | ||
By: Deshotel | H.B. No. 1216 |
|
||
|
||
relating to disclosure of pregnancy or 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(a), Family Code, is amended to | ||
read as follows: | ||
(a) The petition in a suit for dissolution of a marriage | ||
shall state whether: | ||
(1) there are children born or adopted of the marriage | ||
who are under 18 years of age or who are otherwise entitled to | ||
support as provided by Chapter 154; | ||
(2) a party to the marriage is pregnant; or | ||
(3) the parties to the marriage have entered into a | ||
gestational agreement establishing a parent-child relationship | ||
between the parties and the child to be born under the agreement. | ||
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; [ |
||
(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 under a gestational agreement that | ||
substantially complies with the requirements of Section 160.754, | ||
regardless of whether the child has been born. | ||
(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(a), 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, 2017. |