Texas Surrogacy Laws

Surrogacy Law in Texas: What You Need to Know

If you’re an intended parent dreaming about having a baby of your own through surrogacy, then you may wonder if that’s possible in Texas. The same goes for those who wish to become a surrogate for intended parents in need. Luckily, Texas has legalized the use of surrogates within its state. Knowing if the law pertains to you, however, can be a complex matter. It’s best to rely on the knowledge and experience of our surrogate agency in Texas to help. Here’s what you need to know about surrogacy in Texas.

The Two Types of Surrogacy

When you’re thinking about using surrogacy in Texas to have your baby, you’re faced with a decision. Do you use traditional surrogacy or gestational surrogacy? For those in Texas, the only legalized form of surrogacy is gestational surrogacy.

Traditional involves the surrogate mother more closely than gestational. During traditional, the surrogate has to donate one of her eggs for conception. The baby ends up sharing half of her DNA. As any surrogacy lawyer will tell you, that can make custody of the child difficult to determine.

To make the law clearer, Texas only legalizes gestational surrogates. This kind involves the use of IVF and an embryo transfer to conceive the baby. During IVF, both intended parents donate their egg and sperm cells. Or they use a donor separate from the surrogate in place of their own cells. They’re placed in a petri dish where the cells fertilize and form an embryo.

The surrogate receives the embryo through an embryo transfer. If her body accepts the embryo, then it starts to divide and grow. A healthy pregnancy should follow.

Gestational remains one of the most effective ways for couples to become pregnant who are unable to do so on their own.

Traditional Surrogacy in Texas

If your only option is traditional surrogacy, then you should expect it to be treated like adoption. That’s essential how surrogacy law in Texas views traditional surrogacy in Texas. The intended parents have to go through the adoption process of adopting their own child from the surrogate.

This also means that the surrogate has to be willing to put the baby up for adoption, even though she had no intention to keep the baby in the first place.

Traditional surrogacy is also compensated differently for surrogates than with gestational surrogates. Those who wish to become a surrogate may want to ensure that they’re only signing on for gestational contracts since they will make more. Joining our surrogate agency, for example, offers competitive pay compared to other agencies. We only use gestational surrogates.

How are Surrogates Paid in Texas?

Some intended parents may be concerned as to if it’s illegal to pay their surrogate. This isn’t the case with Texas. They have legalized the use of commercial surrogate agencies like ours. There is an important distinction with the law in Texas, however. Surrogates are technically paid for giving birth to a baby for an intended parent.

Instead, they are paid for their time, effort, and participation through the process of surrogacy. A surrogate has to go through several steps before they can join our surrogate agency. They must pass a series of surrogacy qualifications in order to be considered. These surrogacy qualifications further help ensure that a healthy pregnancy takes place.

Because of all that effort in joining our surrogate agency, it’s important that they receive the compensation that they’re due. Texas law ensures that all surrogates who participate in gestational surrogacy in Texas are paid.

Yet when writing the contract to be approved by the court, it’s important to rely on your surrogacy lawyer. They can help ensure the contract is written according to the ethical parameters that the law suggests.

Does the Law Also Support Same-Sex Couples?

Due to the supreme court decision to legalize same-sex marriage, it’s possible for same-sex couples to also use a gestational surrogate in order to their baby. However, the law does require that the couple needs to be married in order to use a surrogate. In some cases, the court may side with the unmarried couple. They may also side with individuals or singles.

To make the process of surrogacy simpler, it may be worth it to consider marriage if a couple is not married.

Creating a Surrogate Contract in Texas

Before a healthy pregnancy can even begin, a contract between the intended parents and surrogate first needs to be made. If the surrogate has a spouse, then the spouse is also typically part of the contract.

The contract is one of the most important steps during the process. Nothing can begin until it has been approved by judicial review. This is why it’s so important to use our surrogate agency in Texas. Once you are part of our family, we’ll help you find a surrogate attorney who will represent your interests and rights.

The surrogate will likely also have an attorney to represent her own interests and rights. You’ll come together and discuss the contract as well as the birth plan. For the birth plan, it will introduce matters like what kind of birthing technique is going to be used. Is the surrogate going to give birth naturally or will there be a C-Section? Another important aspect of the birth plan is who it allows in the room while the surrogate is giving birth.

This contract will also go over a few scenarios and how they’ll be handled should they occur. For example, if a medical emergency arises and the baby needs to be removed, what will the protocol be? How does that affect the intended parents’ finances? What happens if the baby splits and the surrogate ends up carrying twins or triplets?

With these questions answered, the contract is then presented to a court for review.

How to Ensure a Gestational Surrogacy Contract (GSA) is Approved

Understandably, a few intended parents may be anxious about whether or not their contract is going to be approved. There are a few main factors you can double-check that will ensure whether or not your contract is approved. The first is that both intended parents did their home study about the process. They understand what is involved during the process and any risks associated with it.

The surrogate must also have had a previous pregnancy and been cleared for the process. Luckily, all of the surrogates who join our agency will meet this criterion.

Another factor is cost. Both parties must have discussed with each other who is responsible for the costs and how it’s laid out. Your surrogacy agency Made in the USA Surrogacy will make sure that all funds are available for the surrogacy according to all estimates.

Make the Process Easy by Joining Us Today

As is the case with most laws, the use of a surrogate can be complex. To ensure you’re having a legal child and will obtain legal custody over it, you should join our agency. We’ll help you find a surrogate attorney who can help make the complex Texan laws a bit easier to understand. We strive to make the entire process as easy and as simple as possible. Contact our agency today for more information.