Texas Surrogacy Laws & Legal Requirements

Is Surrogacy Legal in Texas?

Yes. Texas is one of the most surrogacy-friendly states in the United States. Gestational surrogacy is explicitly regulated under the Texas Family Code, Chapter 160, Subchapter I (Gestational Agreements).

The law provides a clear framework for validating surrogacy agreements, establishing parental rights, and ensuring the surrogate has no parental claim to the child.

Gestational Agreement Requirements

For a gestational agreement to be validated by a Texas court, it must meet several requirements:

• The intended parents must be married (but see LGBT+ section below)
• A medical need must be established (one intended parent cannot safely carry)
• The agreement must be signed before the 14th day preceding embryo transfer
• Each party must have independent legal counsel
• The surrogate must have had at least one prior pregnancy
• A court must validate the agreement before embryo transfer

Establishing Parental Rights

Once the gestational agreement is validated by the court, the intended parents are recognized as the legal parents from the moment of birth. The surrogate and her spouse (if applicable) have no parental rights.

The court issues an order that allows the intended parents to be named on the birth certificate without any adoption proceedings.

Protections for LGBT+ Parents

While the Texas statute was originally written with heterosexual married couples in mind, the 2015 Supreme Court decision in Obergefell v. Hodges requires equal treatment of same-sex married couples.

In practice, Texas courts have validated gestational agreements for same-sex married couples and issued birth certificates naming both same-sex parents. However, outcomes can vary by county.

Recommendation: Work with an attorney who has specific experience with LGBT+ surrogacy cases in your Texas county.

Requirements for Surrogates in Texas

Under Texas law, a gestational carrier must:

• Be at least 21 years old
• Have previously given birth to at least one child
• Complete medical and psychological evaluations
• Have independent legal representation

Surrogate Compensation Laws

Texas allows compensated surrogacy. There is no legal cap on surrogate compensation. Average compensation for surrogates in Texas ranges from $30,000 to $50,000, plus expenses.

What Happens If There's a Dispute?

With a validated gestational agreement, disputes are rare. The court order establishing the intended parents' rights is legally binding. If the agreement is not validated by the court, the intended parents may need to pursue adoption or other legal remedies.

Why You Need a Surrogacy Lawyer

Surrogacy law is complex and varies by county within Texas. An experienced surrogacy attorney will:

• Draft and review your gestational agreement
• File for court validation
• Obtain pre-birth or post-birth orders
• Ensure your parental rights are fully protected
• Navigate any county-specific requirements