bill rewrites parentage for assisted reproduction

The text as introduced · 859 words

By: Bryant
H.B. No. 5494

A BILL TO BE ENTITLED

AN ACT

Relating to the determination of parentage of a child conceived by

assisted reproduction.

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

SECTION 1. Section 160.7031, Family Code, is amended to

read as follows:

Sec. 160.7031. UNMARRIED MAN'S PATERNITY PARENTAGE OF CHILD

OF ASSISTED REPRODUCTION. (a) If an unmarried man, with the intent

to be the father of a resulting child, provides sperm to a licensed

physician and consents to the use of that sperm for An individual

who consents under Section 704 to assisted reproduction by a n

unmarried woman , he is the father with the intent to be a parent of a

child conceived by the assisted reproduction is a parent of a

resulting child.

(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 2. Section 160.704, Family Code, is amended to read

as follows:

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

Consent by a married woman to assisted reproduction must be in a

record signed by the woman 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.

Except as otherwise provided in subsection (b), the consent

described in Section 703 must be in a record signed by a woman

giving birth to a child conceived by assisted reproduction and an

individual who intends to be a parent of the child.

(b) Failure by the husband 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. Failure to consent in a record as required by subsection (a),

before, on, or after birth of the child, does not preclude the court

from finding consent to parentage if:

(1) The woman or the individual proves by

clear-and-convincing evidence the existence of an express

agreement entered into before conception that the individual and

the woman intended they both would be parents of the child; or

(2) The woman and the individual for the first two

years of the child's life, including any period of temporary

absence, resided together in the same household with the child and

both openly held out the child as the individual's child, unless the

individual dies or becomes incapacitated before the child attains

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

years of age, in which case the court may find consent under this

subsection to parentage if a party proves by clear-and-convincing

evidence that the woman and the individual intended to reside

together in the same household with the child and both intended the

individual would openly hold out the child as the individual's

child, but the individual was prevented from carrying out that

intent by death or incapacity.

SECTION 3. Section 160.102(9), Family Code, is amended to

read as follows:

(9) "Intended parents" means individuals who enter

into an agreement providing that the individuals will be the

parents of a child born to a gestational mother by means of assisted

reproduction, regardless of whether either individual has a genetic

relationship with the child. "Intended parent" means an individual,

married or unmarried, who manifests an intent to be legally bound as

a parent of a child conceived by assisted reproduction.

SECTION 4. Section 160.102, Family Code, is amended by

amending subsection (6) to read as follows:

(6) "Donor" means an individual who provides eggs or

sperm to a licensed physician to be used for assisted reproduction,

regardless of whether the eggs or sperm are provided for

consideration. The term does not include: "Donor means an

individual who provides gametes intended for use in assisted

reproduction, whether or not for consideration. The term does not

include:

(A) a husband who provides sperm or a wife who

provides eggs to be used for assisted reproduction by the wife; a

woman who gives birth to a child conceived by assisted

reproduction;

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

assisted reproduction; a parent under Article 7 or an intended

parent under Article 8.

(C) 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.

SECTION 5. The changes in law made by this Act with respect

to an order adjudicating paternity apply only to an order rendered

on or after the effective date of this Act. An order adjudicating

paternity rendered before the effective date of this Act is

governed by the law in effect on the date in the order is rendered,

and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect on September 1, 2025.