pregnancy can’t stall a divorce

The text as introduced · 1,323 words

89R1641 MLH-D

By: Talarico
H.B. No. 308

A BILL TO BE ENTITLED

AN ACT

relating to a suit for dissolution of a 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

discloses to the court that either party is pregnant, the suit must

include a suit affecting the parent-child relationship regarding

the unborn child under Title 5.

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; SEVERING

OF RELATED MATTERS. (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) If a party to the suit is known by the court to be

pregnant, the court may, on a showing of good cause, sever:

(1) a suit affecting the parent-child relationship

joined under Section 6.406; or

(2) a claim or other matter related to division of the

marital estate.

(c) If a court severs a suit, claim, or other matter under

Subsection (b), the court:

(1) shall render, as applicable, orders for injunctive

or other relief the court considers necessary to protect, until

final adjudication of the matter severed:

(A) the parties to the suit for dissolution of

the marriage;

(B) a child or unborn child subject to a suit

affecting the parent-child relationship that has been severed; and

(C) the marital estate;

(2) may not waive or consider waived any unadjudicated

claim:

(A) pending at the time the matter is severed; or

(B) that may arise after the court renders a

decree for dissolution of the marriage; and

(3) may not require any additional fees in relation to

the matter severed.

(d) 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; [ or ]

(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, 2025.