Surrogacy Laws in Texas: What Are the Legal Implications?

Understanding Surrogacy Laws in Texas

Surrogacy, as a means of assisted reproduction, allows couples and individuals to become parents when they are unable to conceive or carry a child themselves. In Texas, surrogacy laws have evolved to address the complexities surrounding this process, ensuring the rights and responsibilities of all parties involved are clearly defined. This article delves into the legal framework governing surrogacy in Texas, highlighting the key statutes and implications for intended parents and surrogates alike.

Types of Surrogacy Agreements

In Texas, there are two primary types of surrogacy: gestational and traditional. Gestational surrogacy involves a surrogate who carries a child conceived through in vitro fertilization (IVF) using the egg and sperm of the intended parents or donors. This means the surrogate has no genetic ties to the child. Traditional surrogacy, less common and legally complex, involves a surrogate who is also the egg donor, thus having a genetic connection to the child.

The Texas Family Code

The legal framework for surrogacy in Texas is primarily found in the Texas Family Code, which recognizes and enforces gestational agreements under certain conditions. For these agreements to be valid, they must meet specific requirements such as being validated by a court prior to the commencement of any medical procedures.

Under Texas law, intended parents can be single individuals or married couples, but at least one person must contribute their gametes unless medically impossible. The surrogate must have given birth to at least one child previously and must pass mental health evaluations. All parties are required to have independent legal counsel.

Parental Rights and Birth Certificates

In gestational surrogacy arrangements in Texas, intended parents can obtain a pre-birth order that allows them to be listed on the birth certificate immediately upon the child's birth. This eases the process of establishing legal parentage but is contingent upon following all statutory requirements for a gestational agreement.

Traditional Surrogacy and Legal Risks

Traditional surrogacy poses greater legal risks due to the surrogate's genetic link to the child. Texas does not provide as clear protections for traditional surrogacy arrangements as it does for gestational surrogacy, which can lead to custody disputes if not meticulously structured.

Compensation and Expenses

The issue of compensation is another important aspect of surrogacy laws in Texas. Surrogates may receive compensation for their services beyond reimbursement for medical and other reasonable expenses related to pregnancy and childbirth. The specifics should be detailed in a legally binding contract.

Historical References and Notable Cases

One landmark case that helped shape Texas surrogacy law was In re Baby M, which took place in New Jersey but had profound implications nationwide. Although it involved traditional surrogacy, it led many states, including Texas, to reconsider their statutes to better protect all parties involved in surrogacy agreements.


Navigating surrogacy laws requires careful consideration of numerous factors. Intended parents and surrogates must understand their rights and obligations under Texas law to ensure a smooth process. As legislation continues to evolve with advancements in reproductive technology, consulting with an attorney specializing in family law and reproductive rights is invaluable.