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*
*some courts may allow unmarried couples to obtain Pre-Birth Orders.
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
Previous pregnancies:
at least one
Use of own embryos:
No
Independent legal counsel:
Yes

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*
*some courts may allow neither Intended Parent to be genetically related to the child.

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* (Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney)
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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