Bill Text: TX SB1324 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to gestational agreements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Jurisprudence [SB1324 Detail]
Download: Texas-2011-SB1324-Introduced.html
82R574 RWG-F | ||
By: Watson | S.B. No. 1324 |
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relating to gestational agreements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 160.102(9), Family Code, is amended to | ||
read as follows: | ||
(9) "Intended parent [ |
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[ |
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the individual [ |
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child born to a gestational mother by means of assisted | ||
reproduction, regardless of whether the [ |
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genetic relationship with the child. | ||
SECTION 2. Section 160.752(a), Family Code, is amended to | ||
read as follows: | ||
(a) Notwithstanding any other provision of this chapter or | ||
another law, this subchapter authorizes an agreement between a | ||
woman and the intended parent or parents of a child in which the | ||
woman relinquishes all rights as a parent of a child conceived by | ||
means of assisted reproduction and that provides that each [ |
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intended parent becomes [ |
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the child. | ||
SECTION 3. Sections 160.754(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) A prospective gestational mother, her husband if she is | ||
married, [ |
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written agreement providing that: | ||
(1) the prospective gestational mother agrees to | ||
pregnancy by means of assisted reproduction; | ||
(2) the prospective gestational mother and [ |
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husband if she is married[ |
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with respect to a child conceived through assisted reproduction; | ||
(3) each [ |
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parent [ |
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(4) the gestational mother and each intended parent | ||
agree to exchange throughout the period covered by the agreement | ||
all relevant information regarding the health of the gestational | ||
mother and each intended parent. | ||
(b) Subject to the requirements of this subsection, an | ||
intended parent may be married or unmarried. If an intended parent | ||
is married, each spouse must be an intended parent and a party to | ||
the gestational agreement. If an intended parent is unmarried, | ||
another individual may not be a party to the gestational agreement | ||
as an additional intended parent of the child. [ |
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SECTION 4. Section 160.755, Family Code, is amended to read | ||
as follows: | ||
Sec. 160.755. PETITION TO VALIDATE GESTATIONAL AGREEMENT. | ||
(a) The intended parent or parents and the prospective gestational | ||
mother under a gestational agreement may commence a proceeding to | ||
validate the agreement. | ||
(b) A person may maintain a proceeding to validate a | ||
gestational agreement only if: | ||
(1) the prospective gestational mother or an [ |
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intended parent has [ |
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days preceding the date the proceeding is commenced; | ||
(2) the prospective gestational mother's husband, if | ||
she is married, is joined as a party to the proceeding; and | ||
(3) a copy of the gestational agreement is attached to | ||
the petition. | ||
SECTION 5. Sections 160.756(b) and (c), Family Code, are | ||
amended to read as follows: | ||
(b) The court may validate a gestational agreement as | ||
provided by Subsection (c) only if the court finds that: | ||
(1) the parties have submitted to the jurisdiction of | ||
the court under the jurisdictional standards of this chapter; | ||
(2) if there is an intended mother, the medical | ||
evidence provided shows that the intended mother is unable to carry | ||
a pregnancy to term and give birth to the child or is unable to carry | ||
the pregnancy to term and give birth to the child without | ||
unreasonable risk to her physical or mental health or to the health | ||
of the unborn child; | ||
(3) unless waived by the court, an agency or other | ||
person has conducted a home study of the intended parent or parents | ||
and has determined that the intended parent or parents meet the | ||
standards of fitness applicable to adoptive parents; | ||
(4) each party to the agreement has voluntarily | ||
entered into and understands the terms of the agreement; | ||
(5) the prospective gestational mother has had at | ||
least one previous pregnancy and delivery and carrying another | ||
pregnancy to term and giving birth to another child would not pose | ||
an unreasonable risk to the child's health or the physical or mental | ||
health of the prospective gestational mother; and | ||
(6) the parties have adequately provided for which | ||
party is responsible for all reasonable health care expenses | ||
associated with the pregnancy, including providing for who is | ||
responsible for those expenses if the agreement is terminated. | ||
(c) If the court finds that the requirements of Subsection | ||
(b) are satisfied, the court may render an order validating the | ||
gestational agreement and declaring that each [ |
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[ |
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agreement. | ||
SECTION 6. Section 160.759(a), Family Code, is amended to | ||
read as follows: | ||
(a) Before a prospective gestational mother becomes | ||
pregnant by means of assisted reproduction, the prospective | ||
gestational mother, her husband if she is married, or an [ |
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intended parent may terminate a gestational agreement validated | ||
under Section 160.756 by giving written notice of the termination | ||
to each other party to the agreement. | ||
SECTION 7. Sections 160.760(a), (b), and (d), Family Code, | ||
are amended to read as follows: | ||
(a) On the birth of a child to a gestational mother under a | ||
validated gestational agreement, the intended parent or parents | ||
shall file a notice of the birth with the court not later than the | ||
300th day after the date assisted reproduction occurred. | ||
(b) After receiving notice of the birth, the court shall | ||
render an order that: | ||
(1) confirms that each [ |
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[ |
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(2) requires the gestational mother to surrender the | ||
child to the intended parent or parents, if necessary; and | ||
(3) requires the bureau of vital statistics to issue a | ||
birth certificate naming each [ |
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the child's parent [ |
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(d) If the intended parent or parents fail to file the | ||
notice required by Subsection (a), the gestational mother or an | ||
appropriate state agency may file the notice required by that | ||
subsection. On a showing that an order validating the gestational | ||
agreement was rendered in accordance with Section 160.756, the | ||
court shall order that each [ |
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the child's parent [ |
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for the child. | ||
SECTION 8. The changes in law made by this Act apply to a | ||
gestational agreement regardless of the date: | ||
(1) the agreement was executed; or | ||
(2) a proceeding to validate the agreement was | ||
commenced. | ||
SECTION 9. This Act takes effect September 1, 2011. |