Surrogacy Laws in Texas
- Is Texas a surrogate friendly state: Yes.
- Can Parent(s) obtain a birth order without an adoption: Yes.
- Can birth order be obtained without a genetic connection to Child: Yes.
Summary of Texas Surrogacy Law
Texas Family Code sections 160-751 – 763 specifically authorize gestational surrogacy for married intended parents who follow the detailed procedures set forth in the statute. Intended parents can obtain a pre-birth order from the court before birth of the child so that intended parents are the legal parents of the child and their names are placed on the birth certificate. Although the statute specifically refers to married couples, Texas Courts have also routinely upheld and validated gestational surrogacy arrangements involving unmarried couples and single people.
For a gestational surrogacy agreement to be binding and enforceable in Texas:
The agreement must be in writing and signed by all parties
The surrogate or the intended parents must have resided in Texas for at least 90 days
The intended parents are married, the surrogate meets specific requirements, and the parties have independent legal counsel