John Koval
Jan 3, 20223 min
Updated: May 28, 2022
In order for the court to approve a Texas gestational agreement, the following conditions must be met:
The gestational mother must have already borne a child and another birth would not cause unreasonable risk to the child’s health or to that of the gestational mother, including mental health.
The gestational mother may not be biologically related to the child by her eggs.
Each intended parent is a necessary party to the agreement.
The Texas Gestational Surrogacy Agreement must be signed at least 14 days before the transfer of biological material to the mother for implantation or conception.
The gestational mother must have full rights to make health decisions for herself and the embryo.
Either the surrogate or the intended parent(s) have lived in Texas for 90 days before the petition is filed.
Either of the intended parent(s) is unable to have a successful pregnancy or pregnancy would cause “unreasonable risk to her physical or mental health or to the health of the unborn child.”
A provision exists defining who is responsible for medical expenses of the pregnancy, whether or not the agreement falls through or the pregnancy is unsuccessful.
The intended parent(s),
If a sperm or egg donor is used, that person must also sign the gestational agreement, and
The surrogate (gestational carrier) must sign the Texas gestational agreement, and, if she is married, her spouse must also sign.
The surrogate (gestational carrier) must disclose any relevant health information that could affect the pregnancy, birth, or child’s health after birth..
Artificial insemination will be used to implant the egg(s).
The child(ren) will be carried to term by the surrogate.
Parental rights resulting from this pregnancy will be relinquished by the surrogate (and her spouse, if applicable) and the sperm or egg donor (if any).
That the intended parents will be the parents of the child(ren).
Any terms for terminating the agreement.
How to proceed if the pregnancy results in more than one child.
Which party(ies) are responsible for any healthcare expenses incurred during the pregnancy.
Whether or not the surrogate will receive compensation, financial or otherwise, for her pregnancy.
Whether or not the intended parent(s) will be allowed at healthcare appointments involving the pregnancy.
Whether or not the surrogate will be allowed to have contact with the child(ren) after birth.