Relating to parentage resulting from assisted reproduction and gestational agreements.

89(R) HB 5494 - House Committee Report version - Bill Text

89R25342 KRM-F

By: Bryant

H.B. No. 5494

Substitute the following for H.B. No. 5494:

By: Johnson

C.S.H.B. No. 5494

A BILL TO BE ENTITLED

AN ACT

relating to parentage resulting from assisted reproduction and

gestational agreements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 160.102(6) and (9), Family Code, are

amended to read as follows:

(6) "Donor" means an individual who provides
gametes

[
eggs or sperm to a licensed physician
] to be used for assisted

reproduction, regardless of whether the
gametes
[
eggs or sperm
] are

provided for consideration. The term does not include:

(A) a
spouse
[
husband
] who provides
gametes

[
sperm or a wife who provides eggs
] to be used for assisted

reproduction
for the couple
[
by the wife
];

(B) a woman who gives birth to a child by means of

assisted reproduction
, except as provided by Subchapter I
; or

(C)
a father or intended parent under Subchapter

H or an intended parent under Subchapter I
[
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
].

(9) "Intended
parent"
[
parents"
] means
a married or

unmarried individual
[
individuals
] who
manifests an intent to be

the legal parent
[
enter into an agreement providing that the

individuals will be the parents
] of a child
conceived
[
born to a

gestational mother
] by means of assisted reproduction[
, regardless

of whether either individual has a genetic relationship with the

child
].

SECTION 2. Section 160.7031, Family Code, is amended to

read as follows:

Sec. 160.7031.
PARENTAGE
[
UNMARRIED MAN'S PATERNITY
] OF

CHILD OF ASSISTED REPRODUCTION. [
(a)
] If an
individual
[
unmarried

man
], with the intent to be the
parent
[
father
] of a resulting

child, [
provides sperm to a licensed physician and
] consents to

[
the use of that sperm for
] assisted reproduction
under Section

160.704, the individual is the parent
[
by an unmarried woman, he is

the father
] of a resulting child
, regardless of whether the

individual provided gametes for the assisted reproduction and

notwithstanding Section 160.201 or any other law
.

[
(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 3. Section 160.704, Family Code, is amended to read

as follows:

Sec. 160.704. CONSENT TO ASSISTED REPRODUCTION. (a)

Except as otherwise provided by this section, consent
[
Consent by a

married woman
] to assisted reproduction
under Section 160.703 or

160.7031
must be in a record signed by
:

(1)
the woman
giving birth to a child by means of

assisted reproduction; and

(2)

the father or intended parent of the resulting

child, as applicable
[
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
].

(b) Failure by the husband
of a woman giving birth to a child

by means of assisted reproduction
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.

(c)

Failure to provide consent under Subsection (a) before

or after the birth of the child does not preclude the court from

finding that an individual gave consent to be an intended parent of

the child if:

(1)

a party proves by clear and convincing evidence

the existence of an express agreement entered into before the

child's conception between the woman who gave birth to the child by

means of assisted reproduction and the individual that the

individual was an intended parent of the child; or

(2)

during the first two years of the child's life, the

woman and the individual:

(A)

resided together in the household in which

the child resided, including any periods of temporary absence; and

(B)

represented to others that the child was the

child of the woman and the individual.

(d)

If an intended parent dies or becomes incapacitated

before the child reaches two years of age or the child dies before

the child reaches two years of age, the court may find that the

individual gave consent to parentage of the child if it is proven by

clear and convincing evidence that the woman who gave birth to the

child by means of assisted reproduction and the individual

intended:

(1)

to reside together in the same household with the

child; and

(2)

to represent to others that the child was the child

of the woman and the individual.

SECTION 4. Sections 160.706 and 160.707, Family Code, are

amended to read as follows:

Sec. 160.706. EFFECT OF DISSOLUTION OF MARRIAGE. (a) If a

marriage is dissolved before the placement of eggs, sperm, or

embryos, the former spouse is not a parent of the resulting child

unless the former spouse consented [
in a record kept by a licensed

physician
] that if assisted reproduction were to occur after a

divorce the former spouse would be a parent of the child.

(b) The consent of a former spouse to assisted reproduction

may be withdrawn by that individual [
in a record kept by a licensed

physician
] at any time before the placement of eggs, sperm, or

embryos.

Sec. 160.707. PARENTAL STATUS OF DECEASED SPOUSE. If a

spouse dies before the placement of eggs, sperm, or embryos, the

deceased spouse is not a parent of the resulting child unless the

deceased spouse consented [
in a record kept by a licensed

physician
] that if assisted reproduction were to occur after death

the deceased spouse would be a parent of the child.

SECTION 5. Section 160.753, Family Code, is amended to read

as follows:

Sec. 160.753. ESTABLISHMENT OF PARENT-CHILD

RELATIONSHIP. [
(a)
] Notwithstanding any other provision of this

chapter or another law,
a parent-child
[
the mother-child
]

relationship exists between
an intended parent
[
a woman
] and a

child by an adjudication confirming the
intended parent
[
woman
] as

a parent of the child born to a gestational mother under a

gestational agreement if the gestational agreement is validated

under this subchapter or enforceable under other law[
, regardless

of the fact that the gestational mother gave birth to the child
].

[
(b)

The father-child relationship exists between a child

and a man by an adjudication confirming the man as a parent of the

child born to a gestational mother under a gestational agreement if

the gestational agreement is validated under this subchapter or

enforceable under other law.
]

SECTION 6. Sections 160.754(a) and (b), Family Code, are

amended to read as follows:

(a) A prospective gestational mother, her
spouse
[
husband
]

if she is married, each donor, and each intended parent may enter

into a written agreement providing that:

(1) the prospective gestational mother agrees to

pregnancy by means of assisted reproduction;

(2) the prospective gestational mother, her
spouse

[
husband
] if she is married, and each donor other than the intended

parents, if applicable, relinquish all parental rights and duties

with respect to a child conceived through assisted reproduction;

(3) the intended parents will be the parents of the

child; and

(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) [
The intended parents must be married to each other.
]

Each intended parent must be a party to the gestational agreement.

SECTION 7. Section 160.755(b), Family Code, is amended to

read as follows:

(b) A person may maintain a proceeding to validate a

gestational agreement only if:

(1) the prospective gestational mother or the intended

parents have resided in this state for the 90 days preceding the

date the proceeding is commenced;

(2) the prospective gestational mother's
spouse

[
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 8. Sections 160.759(a) and (d), Family Code, are

amended to read as follows:

(a) Before a prospective gestational mother becomes

pregnant by means of assisted reproduction, the prospective

gestational mother, her
spouse
[
husband
] if she is married, or

either 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.

(d) A prospective gestational mother and her
spouse

[
husband
], if she is married, may not be liable to an intended

parent for terminating a gestational agreement if the termination

is in accordance with this section.

SECTION 9. Section 160.761, Family Code, is amended to read

as follows:

Sec. 160.761. EFFECT OF GESTATIONAL MOTHER'S MARRIAGE AFTER

VALIDATION OF AGREEMENT. If a gestational mother is married after

the court renders an order validating a gestational agreement under

this subchapter:

(1) the validity of the gestational agreement is not

affected;

(2) the gestational mother's
spouse
[
husband
] is not

required to consent to the agreement; and

(3) the gestational mother's husband is not a presumed

father of the child born under the terms of the agreement.

SECTION 10. (a) The changes in law made by this Act to

Subchapter H, Chapter 160, Family Code, apply only to a child

conceived using assisted reproduction on or after the effective

date of this Act. A child conceived using assisted reproduction

before the effective date of this Act is governed by the law in

effect on the date the child was conceived, and the former law is

continued in effect for that purpose.

(b) The changes in law made by this Act to Subchapter I,

Chapter 160, Family Code, apply only to a gestational agreement

entered into on or after the effective date of this Act. A

gestational agreement entered into before the effective date of

this Act is governed by the law in effect on the date the

gestational agreement was entered into, and the former law is

continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2025.