Surrogacy Laws in Texas

There are no federal laws with surrogacy so each state determines their own legalities regarding surrogacy. Texas allows forgestational surrogacy, where the genetic material of the intended parents or donor is used and the woman carrying the baby is not biologically related to the child.

Texas law requires that the couple be married. There must also be a surrogacy agreement which is validated by a court order. Also Texas law requires that either one of the intended parents or the surrogate be a resident of Texas for the past 90 days in order for a Texas court to preside over the surrogacy agreement.

Texas is considered one of the few surrogate-friendly states. One of the primary reasons why intended parents prefer to do surrogacy arrangements in Texas is the validation process. Once the agreement is validated by the Texas courts, the child thegestational surrogateis carrying is considered the biological child of the Intended Parents and the gestational surrogate has no rights and no responsibilities to that child. Furthermore, the intended parents' names will be the ones on the birth certificate and there is no need for adoption.

Surrogates in Texas also have their own set of legal requirements. For example, the surrogate must have had at least one child that she is currently raising. Also, the surrogate must show that carrying another baby will not jeopardize her health.

At Shared Conception, we work with excellent attorneys who can help guide you through the legal process. Let us help you get started!

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