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Texas Gestational Surrogacy Agreements

If you are considering gestational surrogacy in Texas, you will need to prepare a Gestational Surrogacy Agreement. This surrogacy agreement will define the rights and responsibilities of the gestational surrogate and the indented parent(s). A Martin Oostdyk Dallas-Fort Worth surrogacy attorney will ensure that all parties involved in the agreement fully understand its terms.

Texas gestational surrogacy agreements

Important Features of a

Texas Gestational

Surrogacy Agreement

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.

Who Signs a Gestational Agreement in Texas?

  1. The intended parent(s),

  2. If a sperm or egg donor is used, that person must also sign the gestational agreement, and

  3. The surrogate (gestational carrier) must sign the Texas gestational agreement, and, if she is married, her spouse must also sign.

A gestational agreement in Texas can take some time to craft so that it is thorough and covers the wishes and needs of the parties involved. Starting the process early is important but the gestational agreement in Texas must be signed at least 14 days prior to implantation of the fertilized egg. Once the agreement is signed, you or your attorney will petition the court to validate the gestational agreement in Texas and a Family Court judge will issue an Order to Validate.

Terms Included in a Texas Gestational Surrogacy Agreement

When crafting a Texas gestational agreement, either alone or with an attorney, you should specify, at a minimum, the following:

  • 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.

In addition to the above, a Texas gestational agreement can include a multitude of other terms including:

  • 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.

Surrogacy agreements and the legal process involved with crafting and filing an agreement can be difficult to navigate, especially when preparing to add a child to your family. We encourage you to consult with a lawyer to help you navigate your path to parenthood.

Please note that there is a difference between traditional surrogacy and gestational surrogacy and we encourage you to read more about the difference between the two, and the Texas surrogacy laws governing each.

The Dallas surrogacy attorneys at Martin Oosdtyk Family law are experts at crafting clear and meaningful gestational surrogacy agreements. Please click below or call us at (817) 813-7777 to schedule a free 15-minute consultation or click the button below. We look forward to discussing your unique situation!


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