Gestational Surrogacy Regulations in Texas

Overview

Gestational Surrogacy is permitted by Tex. Fam. Code 160-751 through 160-763, which
authorizes Gestational Surrogacy for married Intended Parents who follow the procedures
specified in the statute.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
Yes
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes*
Unmarried same-sex couple:
Yes*
Resident status:
Yes
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Texas:
Yes
Birth outside of Texas:
Yes

A Pre-Birth Order may be granted so long as the Gestational Carrier Agreement is first found,
by a Texas Court, to be in compliance with the statutory requirements and is thereby
validated. Although the statute only refers to married Intended Parent, some courts
nevertheless grant pre-birth parentage orders to unmarried Intended Parents, regardless of the
genetic connection to the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes
Post-Birth Orders:
Yes

General Information

Will Texas Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
6-8 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent or Father and Father* *if married*
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Texas Residents:

*This situation typically arises if the child is born outside of Texas. The parents then return to Texas to obtain a second parent adoption or stepparent adoption in Texas. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Texas?

*Traditional Surrogacy is treated like an adoption in Texas. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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