DFW Assisted Reproduction Lawyer | Gestational + Surrogacy Matters

With all of the hope and opportunity that assisted reproduction brings to families across Texas comes additional legal responsibility. Whether you're a prospective parent or a gestational surrogate, Texas law requires specific legal steps before any embryo transfer can take place. These agreements affect parental rights, court records, birth certificates, and long-term stability. Surrogacy agreements always start in good faith, but you must prepare for all possibilities and potential disputes.

CW Martin has worked with clients throughout the Dallas–Fort Worth area to draft, validate, and defend gestational agreements that meet the legal standards of Subchapter I of the Texas Family Code. He's represented families in court since 2011 and brings deep experience in family law, including surrogacy, custody, and parental rights.

We offer a free 15-minute consultation to help you understand what's involved. We also provide financing options for those who qualify and are willing to take on individual aspects of your case if full representation isn't financially feasible. CW Martin is board certified in family law by the Texas Board of Legal Specialization and regularly appears in courts throughout the region. Call (817) 813-7777 to speak with CW Martin Law Office, PLLC.

Start With a Complimentary Case Evaluation

If you're starting the surrogacy process, your first legal step should be a consultation. Our complimentary 15-minute call gives you a chance to explain your situation and get a sense of what we do. If we move forward, we'll conduct a thorough review of your unique circumstances. This includes looking at medical and agency timelines, parental readiness, legal documentation, and compliance with Texas law. CW Martin will explain how gestational agreements are structured in Texas, and what the court will require before approval. We'll also review any out-of-state components, insurance questions, or special considerations such as donor involvement or intended parent status after birth. You'll receive straightforward guidance on what the law permits, what protections are needed, and how we can structure your agreement to support your goals.

Surrogacy Comes With High Legal Stakes

Legal Requirements for Gestational Agreements in Texas

Texas law recognizes gestational surrogacy, but only under tightly defined circumstances. Under Subchapter I of the Texas Family Code, intended parents and gestational carriers must enter into a written agreement that meets strict requirements. The agreement must be signed before embryo transfer and must be validated by a court in advance. It must include specific terms about custody, financial support, decision-making during pregnancy, and agreement by the carrier to relinquish all parental rights after birth. The court must also find that the intended parents are suitable and that the arrangement is voluntary and legally sound. CW Martin has experience preparing agreements that hold up under court review and reflect the real-life needs of all involved.

Representation for Intended Parents

Questions often come up around parentage, hospital procedures, and how the birth certificate will be issued. If a gestational agreement isn't properly validated before the embryo transfer, the intended parents may not even be recognized as the legal parents at birth. For example, if a couple skips the court step and the child is born in Texas, the surrogate may be listed on the birth certificate by default. The intended parents would then need to initiate an adoption proceeding, which can take several months and introduce legal hurdles during an already sensitive time. Hospitals may delay release or deny the intended parents decision-making authority in the interim. The good news is that these situations are outliers, and risk can be averted by setting up a proper legal framework at the beginning.

Support for Gestational Carriers

Surrogates also need legal protection. Texas law requires that both sides have independent legal counsel before signing a gestational agreement. As a gestational carrier, you have the right to make informed choices about your role, your health, and the terms under which the pregnancy will proceed. We can represent you separately to review the contract, explain your obligations, and advocate for terms that reflect your needs. This may include compensation, medical decision-making, lost wages, and provisions in case of medical complications. CW Martin is committed to representing gestational carriers with clarity and respect. Whether you're partnering with an agency or an individual family, we'll help you navigate the legal side so you can focus on your health.

Disputes and Legal Challenges

Although rare, conflicts can arise during or after a surrogacy arrangement. These may involve contract terms, intended parent readiness, disagreements over pregnancy care, or post-birth parentage issues. In such cases, it's important to have an attorney who understands how to litigate family law disputes in Texas. CW Martin has handled hundreds of courtroom matters in Tarrant County and beyond. He brings that same level of preparation and strategy to contested gestational matters. If your surrogacy arrangement has taken an unexpected turn, we can step in and help you protect your rights.

Agency and Cross-State Coordination

Many clients work with national surrogacy agencies, and some arrangements involve intended parents or carriers from different states. In these cases, legal coordination matters. Texas law requires that the gestational carrier live in the state, or that the embryo transfer occurs in Texas, for the court to have jurisdiction. We help clients resolve jurisdictional issues, work with out-of-state counsel when needed, and manage court filings so your agreement complies with Texas rules. Our office also communicates directly with agencies and clinics to keep everyone aligned during the process.

Comprehensive Legal Protection for All Parties

Successful surrogacy arrangements depend on thorough legal preparation that addresses the unique circumstances of each situation. Our approach considers the emotional, financial, and legal complexities involved, creating agreements that provide clarity and protection for intended parents, surrogates, and any spouses involved in the process.

Our surrogacy legal services include:

• Pre-conception legal consultation and planning
• Comprehensive gestational agreement drafting
• Independent legal representation coordination
• Medical decision-making authority establishment
• Financial arrangement structuring and protection
• Parentage order preparation and filing
• Hospital directive preparation for delivery
• Post-birth legal finalization support

Navigating Texas Surrogacy Law Requirements

Texas maintains specific legal requirements for valid surrogacy agreements, including mandatory provisions, timeframe restrictions, and procedural safeguards. Our deep understanding of these regulations ensures your agreement meets all statutory requirements while maximizing enforceability and protection for your family's interests.

Critical legal considerations include establishing clear medical decision-making authority, defining financial responsibilities for unexpected circumstances, addressing potential complications or multiple births, and ensuring proper insurance coverage throughout the pregnancy. We anticipate these complexities and structure agreements that provide comprehensive guidance for any situation that may arise.

The Importance of Independent Legal Representation

Texas law requires that surrogates receive independent legal counsel separate from the intended parents' representation. This requirement protects all parties by ensuring each side fully understands their rights and obligations. We coordinate with qualified independent counsel and facilitate this process while maintaining focus on achieving agreements that work for everyone involved.

Our role extends beyond document preparation to include ongoing legal support throughout the surrogacy journey. From initial agreement negotiation through post-birth parentage establishment, we provide the guidance and advocacy needed to navigate this complex legal landscape with confidence.

Establishing Parental Rights and Hospital Procedures

Securing your parental rights requires proper legal preparation both before conception and following birth. We prepare necessary court documents, coordinate with medical facilities, and ensure hospital staff understand the legal arrangements in place. This preparation prevents delays or complications during the emotionally significant moment of your child's birth.

Our comprehensive approach includes preparing hospital directives, coordinating with medical teams, and ensuring all necessary legal documentation is readily available when needed. This attention to detail provides peace of mind during what should be a joyful time for your growing family.

Why Choose CW Martin Law for Your Surrogacy Journey

Surrogacy arrangements require attorneys who understand both the technical legal requirements and the deeply personal nature of these family-building journeys. Our team combines extensive experience in reproductive law with genuine compassion for the unique challenges faced by intended parents and surrogates alike.

We believe that every family's path to parenthood deserves careful legal protection and personalized attention. Our approach emphasizes clear communication, thorough preparation, and ongoing support throughout your surrogacy experience. From initial consultation through final parentage establishment, we're committed to making this process as smooth and secure as possible.

Begin Your Surrogacy Journey with Confidence

Your path to parenthood through surrogacy deserves expert legal guidance from attorneys who understand the intricacies of Texas reproductive law. Let our experienced team provide the comprehensive legal protection and personalized support you need for this important journey. Contact us today to schedule your complimentary consultation and discover how our surrogacy legal services can help make your family dreams a reality.