Sec. 160.760. PARENTAGE UNDER VALIDATED GESTATIONAL AGREEMENT. (a) On the birth of a child to a gestational mother under a validated gestational agreement, the intended parents shall file a notice of the birth with the court not later than the 300th day after the date assisted reproduction occurred.
(b) After receiving notice of the birth, the court shall render an order that:
(1) confirms that the intended parents are the child's parents;
(2) requires the gestational mother to surrender the child to the intended parents, if necessary; and
(3) requires the vital statistics unit to issue a birth certificate naming the intended parents as the child's parents.
(c) If a person alleges that a child born to a gestational mother did not result from assisted reproduction, the court shall order that scientifically accepted parentage testing be conducted to determine the child's parentage.
(d) If the intended parents fail to file the notice required by Subsection (a), the gestational mother or an appropriate state agency may file the notice required by that subsection. On a showing that an order validating the gestational agreement was rendered in accordance with Section 160.756, the court shall order that the intended parents are the child's parents and are financially responsible for the child.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 22, eff. June 18, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.076, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Chapter 160 - Uniform Parentage Act
Subchapter I. Gestational Agreements
Section 160.752. Scope of Subchapter; Choice of Law
Section 160.753. Establishment of Parent-Child Relationship
Section 160.754. Gestational Agreement Authorized
Section 160.755. Petition to Validate Gestational Agreement
Section 160.756. Hearing to Validate Gestational Agreement
Section 160.757. Inspection of Records
Section 160.758. Continuing, Exclusive Jurisdiction
Section 160.759. Termination of Gestational Agreement
Section 160.760. Parentage Under Validated Gestational Agreement
Section 160.761. Effect of Gestational Mother's Marriage After Validation of Agreement
Section 160.762. Effect of Gestational Agreement That Is Not Validated