Making Your Dream of Parenthood a Reality

According to the Centers for Disease Control, approximately 9% of men and about 11% of women of reproductive age in the United States have fertility challenges. While there are several methods available to make their dreams of parenthood a reality, from adoption and medication to in vitro fertilization (IVF) and intrauterine insemination (IUI), another option is growing in popularity: hiring a surrogate.

Surrogacy is a wonderful process that allows everyone to build a family. While traditional surrogacy (where the surrogate is also the biological mother of the child) is not legal in Texas, gestational surrogacy is legally recognized by Texas Family Code § 160-751-763.

With gestational surrogacy, the egg is extracted from a prospective female parent or a donor and fertilized with sperm from a prospective male parent or donor, before being transferred to the surrogate. After a healthy pregnancy is confirmed, the surrogate may start receiving a base compensation and monthly allowance. Upon the birth of the baby, a Notice of Birth is filed with the court, which enters an order confirming the intended parents as the legal parents of the child.

Texas Surrogacy Laws

Texas law generally requires that a couple seeking to have a baby through gestational surrogacy must be married to one another, but courts have been known to issue parentage declarations for unmarried couples and individuals. The surrogacy contract also needs to contain details like the following before the court will accept it as a valid gestational agreement:

  • Confirmation from a doctor that the arrangement is medically necessary due to the intended mother being unable to have a child, the couple being same-sex, or a similar reason.
  • Indication that the gestational carrier has had at least one successful pregnancy in the past
  • Disclosures that insure full knowledge of medical risks
  • Arrangements that provide for the health and safety of the carrier and the child

Contact a San Antonio Surrogacy Attorney

Branch Law Firm has helped many individuals and parents expand their families via gestational surrogacy. She has years of experience drafting and negotiating surrogacy agreements and helping her clients through any legal issues that arise. If you have questions or would like to schedule a consultation, contact us.