Texas Surrogacy Laws

Texas Surrogacy Laws

Under statutory law, Texas permits gestational surrogacy as long as certain requirements are met. Texas statute requires that a gestational carrier agreement is executed between the gestational mother, her husband (if she is married), each donor, and each intended parent, in which all parental rights are relinquished to the Texas intended parents (V.T.C.A., Family Code § 160.754.).  

The intended parents must be married, and the Texas gestational carrier is limited to using a donor egg or embryo (V.T.C.A., Family Code § 160.754.).

The statute’s requirement that a Texas gestational mother is limited to using a donor egg or embryo prohibits the practice of traditional surrogacy in Texas. As a result, gestational surrogacy is permitted and practiced throughout Texas cities such as Houston, San Antonio, Austin, and Dallas.

Laws Concerning Parentage Orders in Texas

Courts can grant pre-birth parentage orders in Texas as long as the requirements under the above statute are met. Under statute, the mother-child and father-child relationships are established by an adjudication confirming that the intended mother and intended father are parents of the child born to a Texas gestational mother under a gestational agreement, if the agreement is validated by the courts (V.T.C.A., Family Code § 160.753.).

The statute requires that the Texas intended parents be married in order for a gestational carrier agreement to be valid (V.T.C.A., Family Code § 160,754.).

Egg and Sperm Donor Law in Texas

Under Texas statute, a “donor” is defined as “… an individual who provides eggs or sperm to a licensed physician to be used for assisted reproduction, regardless of whether the eggs or sperm are provided for consideration,” (V.T.C.A., Family Code § 160.102.).

The definition excludes a husband who provides sperm or a wife who provides eggs to be used for assisted reproduction by the wife. The statute permitting gestational surrogacy agreements in Texas provides for donors to be a party to the agreement to relinquish all parental rights to the intended parents (Id. § 160.754.).

Texas Stepparent and Second-Parent Adoption Law

State statute allows for a Texas stepparent to adopt their spouse’s child as long as the parent whose rights have not been terminated by the court is presently the spouse of the stepparent (V.T.C.A., Family Code § 160.001.).

Fertility Clinics in Texas

Speak with Baby Steps Surrogacy Center, Inc.

Surrogate mothers and intended parents in the Lone Star State have options under Texas surrogacy laws. For help, call Baby Steps Surrogacy Center, Inc. at 412-281-9906 or reach us through the contact buttons at the top of this page.