Bill Text: TX SB80 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a suit for dissolution of marriage and associated suit affecting the parent-child relationship when a party is pregnant.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2023-02-15 - Referred to Jurisprudence [SB80 Detail]
Download: Texas-2023-SB80-Introduced.html
| 88R800 MLH-D | ||
| By: Johnson | S.B. No. 80 | |
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| relating to a suit for dissolution of 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 is | ||
| pregnant: | ||
| (1) the petition in the suit must state: | ||
| (A) that the party is pregnant; and | ||
| (B) whether either party intends to contest the | ||
| unborn child's paternity; | ||
| (2) the suit must include a suit affecting the | ||
| parent-child relationship regarding the unborn child under Title 5; | ||
| and | ||
| (3) the court shall defer adjudicating issues relating | ||
| to the suit affecting the parent-child relationship regarding the | ||
| unborn child until after the date of the child's birth. | ||
| 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. (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) 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; [ |
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| (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. | ||
