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.