Can Gay Couples Do Surrogacy in Texas?

Short answer: Yes, absolutely. Texas is one of the most surrogacy-friendly states in the U.S., and thousands of gay couples have built their families through surrogacy here.

Is surrogacy legal for gay couples in Texas?

Yes. Texas allows gestational surrogacy under the Texas Family Code (Chapter 160, Subchapter I). Since same-sex marriage is federally recognized under Obergefell v. Hodges (2015), married gay couples have the same legal standing as any married couple pursuing surrogacy.

A married gay couple can enter a gestational surrogacy agreement, have it validated by a Texas court, and both partners will be named on the birth certificate through a pre-birth order.

What if we're not married?

The Texas gestational agreement statute technically requires married intended parents. If you're an unmarried gay couple, you have options:

• Get married before entering the surrogacy agreement (simplest path)
• Establish the genetic father's parentage, then pursue second-parent adoption
• Work with an attorney to obtain a parentage order in your county

What does the process look like?

1. Choose a surrogacy agency — Pick one with specific experience serving gay couples
2. Select an egg donor — Through a donor agency or egg bank
3. Find a gestational carrier — Your agency presents pre-screened candidates
4. Legal agreements — Both parties sign contracts with independent attorneys
5. IVF and embryo transfer — Embryos are created and transferred to the carrier
6. Pregnancy and birth — Your attorney files for a pre-birth order

How much does it cost?

Gay couples pursuing surrogacy in Texas typically spend $110,000 to $160,000+. This is slightly higher than for couples who can provide their own eggs, because you'll also need an egg donor ($8,000–$15,000).

Why Texas is a great choice

• Surrogacy-friendly law — Enforceable gestational agreements
• Pre-birth orders — Both parents named on the birth certificate before birth
• Lower costs — Generally less expensive than California or the Northeast
• Large LGBT+ communities — Especially in Houston, Dallas, and Austin
• Experienced agencies — Many Texas agencies specialize in serving gay couples

Bottom line

If you're a gay couple considering surrogacy, Texas is one of the best states to do it. The legal framework is supportive, costs are reasonable compared to other surrogacy-friendly states, and there are plenty of agencies with deep experience working with LGBT+ families.