If you are an intended parent and live in the great state of Texas you’re quite fortunate! Texas laws on surrogacy make it quite attractive to undergo the process. For instance, Texas law says that once a surrogate agreement has been validated by the state, the child that the gestational surrogate carries is the biological child of the intended parents. No need for an adoption after the child is born.
But if you live in New York, New Jersey, Michigan, Nebraska, Washington and Washington D.C. your chances of using surrogacy to grow your family are zero. Those states make surrogacy illegal or find the surrogacy agreements unenforceable.
Other states either allow the use of a surrogate or courts have had favorable decisions in surrogacy cases. Some states don’t have any laws regarding surrogacy and typically allow surrogacy.
If you’re considering surrogacy, check your state’s laws on the use of a surrogate and know that the state law governing your surrogate process will be based on the surrogate mother’s resident.
If you’re in Texas, you’re already ahead of the game.