Gestational surrogacy is permitted in Texas thanks to the well-defined laws and procedures included in the Uniform Parentage Act of 2001 (Tex. Fam. Code §160-751 through §160-763). These laws protect both Intended Parent(s) and surrogates and also address donor gametes.
Traditional surrogacy, on the other hand, is viewed as adoption by Texas law. This means that it’s not treated as surrogacy and is subject to Texas adoption statutes, not surrogacy laws.
Can a parentage order be obtained for the following?
Gestational surrogacy is supported by the Uniform Parentage Act. On the other hand, traditional surrogacy isn’t prohibited, but it’s legally treated as an adoption and parentage has to be established through adoption proceedings. However, many attorneys and agencies advise against it due to the increased legal risks involved because the surrogate legally cannot be forced to give up her parental rights.
Commercial surrogacy isn’t specifically addressed in Texas statutes, but because there are no statutes that prohibit it, it’s permitted.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order.
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
As long as contracts are in line with the Uniform Parentage Act, gestational surrogacy contracts are enforceable in Texas.
According to Texas statutes, independent counsel is strongly recommended, but not required, for all parties involved in a surrogacy agreement. However, some judges may require it.
Establishing parentage via a court parentage order requires several steps. A gestational agreement must be drafted by legal counsel. The agreement must then be validated by the court. The Intended Parent(s) may then receive a pre-birth order to establish parentage and secure their names on the birth certificate. Following their child’s birth, a post-birth order is obtained to finalize parental rights.
It’s important to note that Texas law doesn’t require validation of the gestational surrogacy agreement or a pre-birth order, but without them, the agreement is unenforceable.
Although it’s possible to file a motion to waive venue, it’s usually unnecessary because parties can choose their venue.
Because of the lack of legal restrictions and surrogacy-friendly courts, international Intended Parent(s) may find doing surrogacy in Texas a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative that international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Texas requires that either the surrogate and the Intended Parent(s) reside in Texas for at least 90 days prior to filing the gestational carrier agreement.
It’s possible for international same-sex male Intended Parents to receive an initial birth certificate naming the biological father and gestational carrier, but a pre-birth protocol isn’t used.
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019