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 PATERNITYPARENTAGE 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 forAn individual   who consents under Section 704 to assisted reproduction by an   unmarried woman, he is the fatherwith 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.