GESTATIONAL SURROGACY LAW TEXAS

Is Gestational Surrogacy Legal in Texas?

Yes. Statutory law permits gestational surrogacy arrangements and sets forth the requirements for a valid and enforceable surrogacy contract.

Is Traditional Surrogacy Legal in Texas?

Yes. Traditional surrogacy laws in Texas, however, have made it a difficult option to pursue. Because the surrogate is the biological mother of the child in traditional surrogacy, it’s legally treated like adoption. This means that a traditional surrogate must wait at least 48 hours after giving birth before she may relinquish her legal parental rights to a child. All surrogacy paperwork must be filed after birth, and there are often restrictions on the base compensation that a traditional surrogate can receive in ways that do not affect gestational surrogates. Due to the legal and emotional risks it poses, traditional surrogacy in Texas is rare.

Is Compensated Surrogacy Legal in Texas?

Yes. Compensated surrogacy is legal in Texas; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Texas Surrogacy Contract

Texas surrogacy laws outline the aspects that must be included in a surrogacy contract for it to be valid. A surrogacy contract shall be binding and enforceable if:

• It is in writing and signed by all parties
• Either the surrogate or the intended parents have resided in Texas for at least 90 days
• The intended parents are married, the surrogate meets specific requirements, and the parties have independent legal counsel

In addition, intended parents and surrogates must work with separate surrogacy attorneys throughout the execution of the contract. These attorneys will work to negotiate a contract that addresses at least the following:

• The rights and responsibilities of each party
• Any potential risks and liabilities, and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance
• Agreements on sensitive issues like selective reduction and termination
• Contact expectations
• And more

Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.

Determining Legal Parentage in Texas

Surrogacy laws in Texas typically only permit married couples to receive parentage orders, but courts can (and do) sometimes issue parentage orders to unmarried couples or individuals who pursue surrogacy in Texas. Pre-birth orders may be granted as long as the gestational carrier agreement is first found by a Texas court to be in compliance with the statutory requirements.

Intended parents will rarely need to complete an adoption after birth to establish their legal rights. This will only need to occur in situations where they can’t obtain a parentage order, which is most common with individuals or unmarried intended parents.