H.B. No. 5494 amends the Texas Family Code to clarify and update the legal definitions and processes related to parentage resulting from assisted reproduction and gestational agreements. Key changes include redefining "donor" to encompass individuals providing gametes for assisted reproduction, regardless of compensation, and expanding the definition of "intended parent" to include both married and unmarried individuals who intend to be legal parents of a child conceived through assisted reproduction. The bill also modifies the consent requirements for assisted reproduction, allowing for a finding of parentage even if formal consent is not documented, provided there is clear evidence of an agreement or cohabitation with the child.

Additionally, the bill addresses the implications of marriage dissolution and the parental status of deceased spouses in relation to assisted reproduction. It establishes that a former spouse or deceased spouse is not automatically considered a parent unless they have consented to the assisted reproduction process. The legislation also outlines the requirements for gestational agreements, ensuring that all intended parents are parties to the agreement and that the gestational mother’s spouse is included in relevant proceedings. The changes will apply only to children conceived and gestational agreements entered into 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)
House Committee Report: Family Code 160.102, Family Code 160.7031, Family Code 160.704, Family Code 160.706, Family Code 160.753, Family Code 160.754, Family Code 160.755, Family Code 160.759, Family Code 160.761 (Family Code 160)