Learn About Third-Party Assisted Reproduction & Surrogacy Law in Texas
Everything you need to know about third-party assisted reproduction law in Texas, including surrogacy, egg donation, sperm donation, and embryo donation.
Reviewed/Written by By Alex Monk & Ellen Rubenstein, Assisted Reproduction Attorneys, Klein Fertility Law
Several Key Legal Requirements for Texas Surrogacy
- A written surrogacy agreement must be signed by all parties at least 14 days prior to an embryo transfer.
- The prospective gestational surrogate or the intended parents must reside in Texas for at least 90 days prior to a parentage action being filed with the court.
- The prospective gestational surrogate cannot be the biological parent of the child. The egg used to create the embryo must come from an intended parent or donor.
- An intended mother must be unable to carry the pregnancy herself without unreasonable risk to her physical or mental health or to the health of the unborn child.
- The prospective gestational surrogate has had at least one previous pregnancy and delivery and carrying another pregnancy to term and giving birth to another child would not pose an unreasonable risk to the child's health or the physical or mental health of the prospective gestational surrogate.
- If the gestational surrogate is married, her husband must enter into the Gestational Surrogacy Agreement and participate in the parentage proceedings.
- Pre-birth parentage orders are permitted for both genetic and non-genetic intended parents.
- Pre-birth parentage orders are permitted for intended parents regardless of sexual orientation.
- A Final Parentage Order / Post-Birth Parentage Order is required in Texas.
Texas Surrogacy Law: What You Need to Know
Texas is an extremely surrogacy friendly state in which to pursue your journey. Texas surrogacy laws provide a clear framework for intended parents, surrogates, and donors to engage in surrogacy arrangements with confidence.
Texas Surrogacy Laws at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Permitted under certain conditions |
| Marital Status Requirement | Allowed |
| Unmarried Intended Parents | Permitted under certain conditions |
| Pre-Birth Parentage Orders | Permitted for both genetic and non-genetic intended parents |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex |
| Surrogacy Agreement | Must be in writing and signed 14 days prior to an embryo transfer |
| Legal Representation | Independent legal representation highly recommended for all parties during the contract phase |
| Health Insurance for Surrogates | Surrogates should have health insurance covering a surrogate pregnancy |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders |
| Eligibility for International Intended Parents | Allowed, but requires additional legal steps depending on the laws of their home country |
| Court Involvement | Required for pre-birth or post-birth parentage orders |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate & will be available roughly 5-8 days post-birth |
| Post-Birth Timeframe to Travel Home | Domestic: Immediately International: 3-4 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Texas for personalized advice.
Establishing Parentage Through Surrogacy in Texas
Texas is a surrogacy-friendly state, and the legal process for establishing parental rights is straightforward. Governed by Texas Family Code § 160.751 et seq, the code simplifies the legal process for both surrogates and intended parents.
In Texas, parentage in a gestational surrogacy arrangement is typically secured before the child's birth through the execution of a pre-birth parentage order. This legally binding court order is signed by a district Judge, and officially establishes that the intended parent(s) is the child's legal parent(s) prior to the birth of the child.
The Role of Surrogacy Attorneys
Surrogacy attorneys in Texas play a vital role in the surrogacy process by drafting legally enforceable contracts that address critical issues and contingencies. These attorneys possess in-depth legal expertise and ensure compliance with state surrogacy laws. They act as advocates, protecting the rights and interests of all parties involved, and are instrumental in conflict resolution if issues arise. Additionally, surrogacy attorneys stay current with evolving laws to maintain legal compliance throughout the surrogacy journey. Get the legal support you need to start your surrogacy journey today. Contact us for a consultation.
At Klein Fertility Law, our surrogacy attorneys ensure all legal requirements are met during your surrogacy journey. The process of surrogacy in Texas involves several key steps:
Preparing mentally, emotionally, and financially for your surrogacy journey requires an immense amount of research. Consulting with an attorney that specializes in surrogacy offers invaluable guidance and support that will help build your roadmap to parenthood. In addition to assisting in building your roadmap to parenthood, your assisted reproduction attorney will ensure that you understand all legal aspects of surrogacy in the United States and address any concerns.
Egg, Sperm, and Embryo Donation Law in Texas
In Texas, the laws surrounding assisted reproduction outlined in Texas Family Code 160.702 et seq., including egg, sperm, and embryo donation, establish the framework for protecting the interests of all parties involved. These laws and regulations provide an essential role in safeguarding the interests of intended parents, donors, and the resulting children. While the laws governing genetic donation are not as extensive as surrogacy laws, they are still crucial to understand.
The Role of an Assisted Reproduction Attorneys in Egg, Sperm, and Embryo Donation
An assisted reproduction attorney plays a crucial role in simplifying the egg, sperm, and embryo donation processes. They provide expert guidance in drafting legally sound contracts, ensuring that the rights and obligations of all parties involved are clearly defined and protected.
Learn More About Gamete Donation Law in Texas
Same-Sex and LGBTQ+ Assisted Reproductive Law in Texas
Texas same-sex and LGBTQ+ individuals have the same rights and protections under Texas surrogacy and genetic donation law as heterosexual couples and individuals.
Key aspects of LGBTQ+ reproductive law in Texas include:
Texas Reproductive Law FAQ
Surrogacy attorneys like those at Klein Fertility Law establish and protect the rights of all parties involved in the family-building process. We ensure legal compliance, manage trust accounts, and advocate for your interests.
Choose Klein Fertility Law as Your Reproductive Lawyer in Texas
When it comes to navigating the complexities of third-party assisted reproduction law in Texas, Klein Fertility Law stands as your trusted partner. With a deep understanding of surrogacy, genetic donation, and LGBTQ+ family-building, our experienced attorneys ensure that your journey is legally sound, transparent, and fully protective of your rights and interests.
Our commitment to inclusivity, legal expertise, and personalized support makes us the top choice for individuals and couples seeking to expand their families through assisted reproduction in Texas. Contact us today to embark on your path to parenthood.