House Bill No. 5494 amends the Texas Family Code to clarify the determination of parentage for children conceived through assisted reproduction. The bill replaces the term "unmarried man's paternity" with "parentage of child of assisted reproduction" and establishes that an individual who consents to assisted reproduction with the intent to be a parent is recognized as a parent of the resulting child. Additionally, the bill modifies the consent requirements for assisted reproduction, stating that consent must be documented in a signed record by both the woman giving birth and the individual intending to be a parent. It also allows for the court to find consent to parentage under certain conditions, even if the required consent record is not present.
Furthermore, the bill redefines "intended parents" to include any individual, married or unmarried, who intends to be legally bound as a parent of a child conceived through assisted reproduction. The definition of "donor" is also updated to encompass individuals providing gametes for assisted reproduction, regardless of compensation, while excluding certain individuals from this classification, such as parents and intended parents. The changes in law will apply only to paternity orders rendered on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Family Code 160.7031, Family Code 160.704, Family Code 160.102 (Family Code 160)