85R6423 MM-D
 
  By: Deshotel H.B. No. 1216
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to disclosure of pregnancy or the existence of a
  gestational agreement in a suit for the dissolution of a marriage
  and standing of an intended parent under a gestational agreement to
  file a suit affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 6.406(a), Family Code, is amended to
  read as follows:
         (a)  The petition in a suit for dissolution of a marriage
  shall state whether:
               (1)  there are children born or adopted of the marriage
  who are under 18 years of age or who are otherwise entitled to
  support as provided by Chapter 154;
               (2)  a party to the marriage is pregnant; or
               (3)  the parties to the marriage have entered into a
  gestational agreement establishing a parent-child relationship
  between the parties and the child to be born under the agreement.
         SECTION 2.  Section 102.003, Family Code, is amended by
  amending Subsection (a) and adding Subsection (d) 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; [or]
               (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 under a gestational agreement that
  substantially complies with the requirements of Section 160.754,
  regardless of whether the child has been born.
         (d)  A person described by Subsection (a)(15) has standing to
  file an original suit only if:
               (1)  the person is filing an original suit jointly with
  the other intended parent under the gestational agreement; or
               (2)  the person is filing an original suit against the
  other intended parent under the gestational agreement.
         SECTION 3.  Section 6.406(a), Family Code, as amended by
  this Act, applies only to a petition for dissolution of a marriage
  that is filed on or after the effective date of this Act. A petition
  for dissolution of a marriage that is filed before the effective
  date of this Act is governed by the law in effect on the date the
  petition is filed, and the former law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.