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Surrogacy Law: State to State Distinctions

In the United States, the law that applies to surrogacy arrangements is controlled by the individual states.  Some states regulate surrogacy, some states forbid surrogacy entirely, and some states have little to no body of surrogacy law. 

In surrogacy arrangements, the most important law comes from the state where the surrogate lives and delivers the child.  For example, New Jersey’s position on surrogacy requires a second-parent adoption process to secure parental rights if a surrogate carries your child there. Other states allow a much simpler process for securing parental rights.

Texas, the home of our surrogacy agency, Shared Conception, is a surrogacy friendly state.
Texas is one of the few states in the USA to recognize and enforce gestational agreements. In 2003, Governor Rick Perry signed House Bill 729 into law, which amended the Texas Family Code and authorized surrogacy agreements between a gestational mother and intended parents.

The intent of HB 729 is to  simplify the process for intended parents to become the only legal parents and for the gestational carrier to relinquish all rights pertaining to the child. Once the contract for gestational surrogacy is approved, it  immediately triggers a judicial order requiring that only the intended parents be listed on the child’s birth certificate after the child is born. 

International surrogacy arrangements add another piece to the puzzle-we suggest that intended parents consult with an attorney in their specific country to ensure that they abide by all the laws of that country and know what to do to get citizenship for their baby once they go back home. 

Before embarking on your surrogacy journey,  seek advice from reputable family law firms and surrogacy agencies, such as Shared Conception.  Surrogacy and gestational agreements shouldn’t be taken lightly due to the emotional and financial stakes involved. Our surrogacy agency, Shared Conception, have helped parents near and far. Call us to talk about your potential surrogacy process.  We can help you.

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