Surrogacy Laws & Process in Texas

Understanding the Surrogacy Process in Texas

Texas surrogacy law offers a clear and legally reliable framework, particularly for married intended parents pursuing gestational surrogacy. Governed by Tex. Fam. Code §160.751–763, the process requires the gestational carrier agreement to be validated by a court before the birth of the child. When the statutory process is properly followed, parentage orders and birth certificates can be issued with confidence and predictability. Texas has earned a strong reputation for surrogacy because of its structured legal process and judicial consistency. Though some limitations exist, particularly for unmarried couples, many intended parents still find Texas to be a dependable state for completing a surrogacy journey.

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Pre-Birth Parentage Orders in Texas: Legal Recognition Before Birth

Texas permits pre-birth parentage orders, but only when the gestational surrogacy agreement is validated in court prior to the child’s birth. This process applies only to gestational surrogacy, not traditional (genetic) surrogacy. The intended parents must follow the statutory validation procedure to secure legal parentage at birth. Here’s how eligibility typically breaks down under Texas law:

Married Same-Sex Couples

May obtain pre-birth orders if the gestational agreement is validated and they meet statutory requirements. Both partners can be listed as parents on the birth certificate.

Unmarried Heterosexual Couples

Not explicitly covered under the statute. Some courts may allow pre-birth orders at their discretion, but outcomes vary by venue.

Single Intended Parents

Not expressly provided for in the statute, but some courts may grant pre-birth parentage depending on the facts and judge’s discretion.

Couples Using Donor Gametes

Married intended parents using donor eggs or sperm may receive pre-birth orders, as long as one party is genetically related. If neither parent is genetically related, results may vary.

Married Opposite-Sex Couples

Clearly eligible under Texas law. The statute is specifically designed to support this family structure with enforceable agreements and parentage recognition.

Unmarried Same-Sex Couples

Not expressly authorized by statute. Some courts may permit pre-birth orders, but others may require post-birth legal steps.

Important Note : All pre-birth orders must be pursued through court validation of the gestational agreement. Courts vary on whether hearings are required and whether they will accept cases involving unmarried or single parents.

Who Can Be a Surrogate in California?

Eligibility Criteria:

Surrogacy is open to both married and unmarried women who meet the necessary health and emotional requirements.
Women must have had at least one successful pregnancy in the past and be medically healthy to carry a child for others.

Health and Medical Requirements:

A surrogate must undergo a thorough medical screening to ensure they are physically capable of handling a pregnancy, including tests to evaluate overall health, reproductive history, and mental well-being.

Age Requirements:

Typically, surrogates should be between 21 and 40 years old to ensure both a healthy pregnancy and the emotional maturity needed for the process.

Emotional Readiness:

The emotional and psychological aspects of surrogacy are critical. Surrogates must be mentally prepared for the process, understand the emotional challenges, and be able to handle the separation from the baby after birth.

No Strict Legal Restrictions:

Montana does not impose rigid legal restrictions on who can be a surrogate. However, having the right legal and emotional support is essential for both the surrogate and the intended parents to ensure a smooth process.

Explore the Carrying Dreams Surrogacy Heatmap

If you are curious about how Texas ranks in comparison to other states for surrogacy, take a look at our surrogacy heatmap. It provides valuable insights into the advantages of choosing Texas as your surrogacy destination. Click here to view our heatmap. If you have any inquiries about the surrogacy laws & process in Texas, feel free to contact us today.