Legal Requirements for Surrogacy in Texas

In the state of Texas, the legal requirements for surrogacy can vary depending on the specific circumstances of the surrogacy arrangement. Here are some general guidelines:

  1. Surrogacy Contract: The intended parents and the surrogate must have a written surrogacy agreement that outlines the terms of the arrangement, including the financial compensation and the surrogate’s responsibilities. This agreement must be signed by all parties and their respective attorneys.
  2. Medical Requirements: The surrogate must undergo medical and psychological screenings to ensure she is physically and mentally able to carry a child to term. The intended parents may also need to undergo medical testing to ensure they are able to have a child.
  3. Parental Rights: In Texas, the intended parents are considered the legal parents of the child born via a surrogate mother. The surrogacy agreement must address issues related to parental rights and responsibilities.
  4. Pre-Birth Order: To establish legal parentage, the intended parents may need to obtain a pre-birth order from a court. This order declares them the legal parents of the child, and allows them to make medical decisions on behalf of the child.
  5. Adoption: Adoption is not necessary in Texas since the pre-birth order establishes legal parentage.

It is important to note that surrogacy laws can be complex. It is highly recommended that individuals seeking a surrogacy arrangement in Texas work with an experienced surrogacy agency to ensure that all legal requirements are met.

With Shared Conception, our experienced and professional team helps create the best plan for your journey. We want everyone involved to have a positive experience. If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.