Surrogacy Lawyers in Texas

What a Surrogacy Lawyer Does

A surrogacy lawyer (also called a reproductive law attorney) specializes in the legal aspects of surrogacy. Their role is to protect your rights as an intended parent and ensure the surrogacy arrangement is legally enforceable.

Key responsibilities include:

• Drafting and reviewing the gestational surrogacy agreement
• Filing for court validation of the agreement under Texas law
• Obtaining pre-birth orders so you're named on the birth certificate
• Advising on parental rights, especially for same-sex couples
• Coordinating with the surrogate's independent attorney

Why You Need a Surrogacy Lawyer

Texas law requires that both the intended parents and the gestational carrier have independent legal counsel. This isn't optional — it's a requirement for your gestational agreement to be validated by the court.

A good surrogacy lawyer will:

• Ensure your contract covers all possible scenarios (complications, multiples, early delivery)
• Protect your financial interests with clear payment terms
• Navigate the specific requirements of your county court
• File all paperwork on the correct timeline

How to Find a Surrogacy Lawyer in Texas

The best way to find a surrogacy lawyer is through your surrogacy agency. Most agencies work with a network of experienced reproductive law attorneys and can recommend someone in your area.

Other ways to find a qualified attorney:

• The American Academy of Assisted Reproductive Technology Attorneys (AAARTA)
• The Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
• Referrals from fertility clinics in your area
• LGBT+ family law organizations

What to ask a surrogacy lawyer

• How many surrogacy cases have you handled in Texas?
• Have you worked with same-sex couples / single parents?
• Which counties do you practice in?
• What is your fee structure and what does it include?
• How long does the legal process typically take?

Cost of Legal Services

Legal fees for surrogacy in Texas typically range from $5,000 to $12,000. This covers:

• Drafting the gestational surrogacy agreement: $3,000–$7,000
• Court validation filing: $1,000–$2,000
• Pre-birth order: $1,000–$3,000
• Surrogate's independent legal counsel: $1,000–$2,000 (usually paid by intended parents)

Some agencies include legal coordination in their fees. Ask your agency what legal services are covered before budgeting separately.

Legal Considerations for LGBT+ Parents

While Texas recognizes same-sex marriage (per the federal Obergefell decision), the state's surrogacy statute (Family Code Chapter 160) was originally written for married heterosexual couples. This means LGBT+ parents need an attorney who knows how to navigate potential gaps in the law.

For married same-sex couples

Married same-sex couples generally have the same legal path as any married couple. A validated gestational agreement allows both parents to be named on the birth certificate.

For unmarried intended parents

Unmarried individuals may need additional legal steps such as a parentage action or adoption proceeding. An experienced attorney can advise on the best approach for your county.

Second-parent protections

Even when both parents are on the birth certificate, some attorneys recommend a confirmatory adoption or parentage order as an extra layer of protection — especially for interstate recognition of your parental rights.

Getting Connected with an Agency

The easiest way to find a qualified surrogacy lawyer in Texas is through a reputable surrogacy agency. Agency partners work with experienced attorneys and can coordinate your legal needs as part of your surrogacy journey.