Patterson Bill Limits Texas Surrogacy Deals To U.S. Citizens

The text as introduced · 489 words

90R3057 AB-D

By: Patterson
H.B. No. 511

A BILL TO BE ENTITLED

AN ACT

relating to restricting who may be a party to a gestational

agreement based on citizenship status or relation to a foreign

terrorist organization.

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

SECTION 1. Section 160.754, Family Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1) Each intended parent and the gestational mother:

(1) must be a citizen of the United States; and

(2) may not be:

(A) a citizen of a country designated as a

foreign adversary by the United States secretary of commerce under

15 C.F.R. Section 791.4(a); or

(B) an individual acting on behalf of or for the

benefit of a foreign terrorist organization designated by the

United States secretary of state as authorized by 8 U.S.C. Section

1189.

SECTION 2. Section 160.756(b), Family Code, is 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) neither intended parent or the gestational mother

is prohibited under Section 160.754(b-1) from entering into a

gestational agreement;

(3) 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;

(4) [ (3) ] unless waived by the court, an agency or

other person has conducted a home study of the intended parents and

has determined that the intended parents meet the standards of

fitness applicable to adoptive parents;

(5) [ (4) ] each party to the agreement has voluntarily

entered into and understands the terms of the agreement;

(6) [ (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

(7) [ (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.

SECTION 3. The change in law made by this Act applies only

to a petition for the validation of a gestational agreement filed on

or after the effective date of this Act. A petition filed before

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

the date the petition was filed, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2027.