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.
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.
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