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  • Lindsey B. Craft

Navigating Surrogacy Under Texas Law

Texas Surrogacy Laws

Gestational Surrogacy, Gestational Surrogates, Traditional Surrogacy, and Traditional Surrogates Explained 

  • A gestational surrogate is a surrogate that acts as a carrier for a child that there is no biological relationship to. Unlike a traditional surrogacy wherein the carrier would have a biological relationship to the child, a gestational surrogacy involves the use of assisted reproduction through an embryo created with in vitro fertilization (IVF) using the eggs and sperm of the intended parents, or donors for the intended parents, that is then implanted in the surrogate.  

Texas Law on Surrogacy and Gestational Surrogacy

  • Texas law is what we consider “surrogacy friendly” even though Texas law does not permit traditional surrogacy. Texas law further seems to prohibit a surrogacy agreement when there are not two intended parents. 

  • Gestational Surrogacy in Texas requires the execution of a valid gestational agreement signed by both intended parents, the gestational carrier, and the gestational carrier’s husband prior to the implantation of the embryo.

Gestational Surrogacy Agreements in Texas

  • There are many things to take into consideration when you are drafting a gestational surrogacy agreement, such as compensation for organ loss of reproductive organs and non-reproductive organs, how to handle termination of the pregnancy, compensation for multiples, compensation for loss of employment, compensation for traveling to and from OBGYN appointments, and prohibitions on travel, including international travel and airline travel. 

  • Many parties to a gestational agreement also like to discuss clothing allowances, obtaining a life insurance policy for the carrier during pregnancy and delivery, maternity leave, and breast milk arrangements and pricing following the birth. 

Validating the Gestational Agreement in Fort Bend, Harris, Lubbock, and across the state of Texas

  • Gestational Surrogacy in Fort Bend, Harris, and Lubbock counties, as well as across the state of Texas, requires pre-birth and post-birth court proceedings. Prior to birth, the intended parents must file an Initial Petition to Validate Gestational Agreement and attend a hearing to obtain the Order Validating Gestational Agreement. This Order governs many things, such as listing the intended parents on the birth certificate of the child at birth and how the hospital will transfer the infant to the intended parents upon birth. After the child is born, a Notice of Birth and Order of Parentage is obtained from the court in Fort Bend County, Harris County, and Lubbock County, as well as across the state of Texas. 

  • ML|MW truly enjoys practicing surrogacy law, and assisting parents in Fort Bend, Harris, and Lubbock county, as well as across the state of Texas, in navigating the in vitro fertilization and surrogacy process. Please give Lindsey B. Craft a call today to discuss your surrogacy options.



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