A Beginner’s Guide to Gestational Surrogacy in Texas


Are you thinking about becoming a gestational surrogate or working with a surrogacy agency to create your family in Texas? You’ve come to the right state. Texas is friendlier to gestational surrogates and intended parents than many states are. It’s not just the lower cost of living and lack of income tax that makes Texas a great place for surrogacy; Texas family law offers some protections for the gestational carrier and intended parents.

Gestational agreements are valid and enforceable in the state of Texas. Chapter 160 of the Texas Family Code covers gestational surrogacy and provides the following:

  • The intended parents must be a man and a woman who are married to each other.
  • Married couples who do not live in Texas are covered by Texas law if their surrogate lives here.
  • The intended mother must be unable to carry a pregnancy to term as certified by a doctor.
  • IPs are recognized as the legal parents of the child upon his or her birth certificate.
  • Donor sperm or eggs may be used.
  • The agreement must provide for the safety and health of the child and surrogate carrier.
  • The agreement must contain disclosures of medical risks.
  • The surrogate may be compensated for pain and suffering.
  • Traditional surrogacy are not allowed under the law.

Under Texas surrogacy law, as long as the gestational agreement was executed at least 14 days before the embryo is transferred to the surrogate mother, the married intended parents, not the gestational carrier, are the legal parents of the child.

However, not every aspect of surrogacy is covered by current Texas law. Therefore, it’s important to work with an attorney who specializes in reproductive and surrogacy law to protect yourself and your family.

If you want to learn more about becoming a surrogate or intended parent in Texas, the experienced staff at Surrogate Solutions is here to help. Gayle and her team will be happy to answer any questions you may have about surrogacy and what you need to get started as an IP or gestational surrogate.

Ready to begin your surrogacy journey or want to learn more? Contact the experts at Surrogate Solutions.

2 Responses to “A Beginner’s Guide to Gestational Surrogacy in Texas”

    • dgeast

      You can apply directly on our website under the “Surrogates” tab at the top of the page. You will be directed to a page with a preliminary application for surrogate mothers. As soon as we receive your application someone will be in contact with you regarding the next steps. Thank you for your interest in being a surrogate mother!!


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