Surrogacy in Texas

Gestational Surrogacy in Texas

Surrogacy is legal in Texas. By statute, Texas permits gestational surrogacy for married intended parents (Tex. Fam. Code Ann. § 160.752, § 160.753, § 160.754). Under the law, the “gestational agreement” (aka GCA) must be validated by the court to be enforceable and confer parental rights.

Understanding Surrogacy Laws in Texas

Legal Parentage

In Texas, if the parties have a validated gestational carrier agreement, married intended parents may obtain a pre-birth order. For intended parents who are not married, or those who are single, judges have the discretion to grant pre-birth orders. The Texas statute also contemplates the option of a post-birth order. Regardless of pre-birth or post-birth, there must be a genetic connection between the intended parents and the child. For unmarried intended parents, the non-genetic parent would need to complete a second parent adoption. One unique aspect of the Texas law is that the gestational carrier agreement needs to be validated to be enforceable.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Texas Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Texas Surrogacy Law

Do You Need a Medical Need for Surrogacy in Texas?

Texas requires a medical need to pursue surrogacy in Texas. This means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Texas permits married couples and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Texas, at least one intended parent needs to have a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Texas?

International parents can pursue surrogacy in Texas. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Texas allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Texas. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Texas?

Generally no. Intended parents do not need to be Texas residents for the Act to carry out a surrogacy journey in Texas. Similarly, Gestational Carriers are not required to reside in Texas, but for the Act to cover their agreement, one of the parties has to be a resident of texas for at least 90 days prior to entering into a Gestational Carrier Agreement.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Texas does not have any written laws pertaining to the rights of surrogates. Learn more about surrogate rights.