Legislative Milestone in Texas’ Surrogacy Landscape:
Present
Gestational surrogacy is permitted for married couples in Texas.
Surrogacy Contracts
Are legally binding in Texas.
Requires the judge’s approval.
A surrogacy agreement must be executed at least two weeks before the embryo transfer.
Parental Rights
Pre-birth parental orders can be issued to married couples only, if surrogacy agreement has been validated in the court before the birth of a child.
Legal Rights of Surrogates:
Have the access to psychological counseling.
Are compensated for their time and efforts.
Have the right for a base compensation, outlined in the agreement.
Who Can Benefit from Surrogacy in TX?
Heterosexual married couples
Same-sex married couples
Surrogacy Environment in Texas:
Texas's geographical location offers convenient access for many across the United States, and its vibrant, diverse culture ensures a welcoming environment for intended parents and surrogates from all walks of life.
Advantages of Surrogacy in TX
Texas stands out for its clear and affirmative surrogacy laws, which provide certainty and security for both intended parents and surrogates. Under Texas Family Code, gestational agreements are legally recognized, allowing intended parents to establish their legal parentage prior to the birth of their child. This forward-thinking approach removes much of the legal ambiguity that can accompany surrogacy in other jurisdictions.