Texas Family Law and Assisted Reproductive Technology: What Are the Rules?

Understanding Texas Family Law in the Context of Assisted Reproductive Technology

As assisted reproductive technology (ART) continues to advance, it becomes increasingly important to understand the legal framework that governs its use, particularly within the context of family law. Texas, like many states, has developed specific statutes to address the intersection of ART and family law, providing clarity and guidance for individuals and families navigating this complex area.

The Legal Landscape of ART in Texas

In Texas, the Family Code is the primary legal document that outlines the rules and regulations surrounding ART. This includes provisions for gestational agreements, which are arrangements where a woman (the gestational mother) agrees to carry and give birth to a child for another person or couple, who will be the child's parent(s) upon birth.

According to Texas Family Code § 160.751-§ 160.763, intended parents must enter into a written gestational agreement before the 14th day preceding the transfer of an embryo or sperm to the gestational mother. The agreement must be validated by a court order for the intended parents to be recognized as the legal parents from birth, bypassing traditional adoption processes.

Paternity and Parentage in ART Cases

In cases where donor sperm or eggs are used, Texas law outlines specific rules for establishing paternity and parentage. Under Texas Family Code § 160.702-§ 160.707, a donor is not considered a parent of a child conceived through ART unless they have a signed agreement stating otherwise. This provision offers certainty for all parties involved, ensuring that donors do not have parental rights or responsibilities unless explicitly agreed upon.

Gestational Agreements: Eligibility and Requirements

Gestational agreements in Texas have certain eligibility criteria. For instance, intended parents must be married and must provide medical evidence showing that they cannot conceive a child without assistance (Texas Family Code § 160.754). Furthermore, these agreements must be approved by a judge to ensure they meet all legal requirements and protect the interests of all parties involved.

Historical Context and Legal Precedents

The evolution of family law in relation to ART in Texas reflects broader societal changes. One of the landmark cases in this area was In re Baby M, a New Jersey case from 1986 that highlighted issues surrounding surrogacy agreements and parental rights. Although this case did not occur in Texas, it influenced nationwide discourse on surrogate parenting and informed legislative approaches across different states, including Texas.


The intersection of ART and family law in Texas is governed by detailed statutes that aim to balance the interests of all parties involved. By establishing clear rules regarding gestational agreements and parentage in ART scenarios, Texas provides a legal framework designed to navigate these complex situations with greater certainty and fairness.