Surrogacy in Texas

Surrogacy in Texas – Statutory, Court-Validated & Parentage-Focused

Texas permits and regulates gestational surrogacy under its Family Code. This guide walks through how surrogacy works in Texas—what the law requires, how to get court validation of your agreement, what “good” contracts must include, and what steps Surrogacy4All’s physician-led approach would take to keep your journey safe, compliant, and smooth from start to finish.

Who This Guide Is For

Married intended parents (opposite-sex or same-sex) seeking a legally backed path in Texas.
Single or unmarried intended parents exploring options (not all protections guaranteed under the statute).
Professionals who want clarity, parallel coordination, transparent budgets, and enforceable agreements.
Anyone comparing programs and needing a compliance-first checklist in Texas.

In Texas, your strongest footing begins with having a validated gestational agreement filed with the court, independent legal representation, and high-quality clinical partnerships.

Why Surrogacy4All’s Approach Suits Texas

We design our process to align with Texas’s legal landscape, so you avoid pitfalls:

Statutory Validation — We ensure your gestational agreement is compliant and validated by a court under Tex. Fam. Code §§ 160.751–160.763.
Clinical Rigor — We partner with IVF clinics and labs that follow best-practice standards (screening, monitoring, chain-of-custody) even if Texas law doesn’t dictate every detail.
Parallel Support — We sequence legal, clinical, insurance, and financing work so there are fewer delays and more predictability.
Surrogate & Parent Support — Wellness, psychological support, clear communication, and escrow-managed disbursements to protect all parties.

Legal & Contractual Framework in Texas

1) Independent Counsel & Agreement Protections

Both the surrogate (and her spouse, if married) and the intended parents should have independent legal counsel advising them. This is standard practice to ensure fairness and enforceability.
The agreement must not impair the surrogate’s ability to make health decisions for herself or the embryo (i.e., cannot require she accept treatment she deems harmful).
It must allow exchange of health information between intended parents, surrogate, and donors (if any) during the period covered by the agreement.

2) Statutory Basis & Scope

Texas law permits gestational surrogacy via Texas Family Code §§ 160.751 through 160.763, which establish how validated agreements must be handled.
However, those statutes only apply to married intended parents seeking validation of a gestational agreement.
Traditional (genetic) surrogacy is not well-protected under the statute; such agreements often rely on adoption processes or post-birth orders.

3) Gestational Agreement & Court Validation

The agreement must be a gestational agreement (i.e. the surrogate is not using her own egg). Texas law explicitly prohibits use of the surrogate’s egg under the statutory procedure.
The parties must file the agreement in court for validation before the embryo transfer (i.e. before the procedure/conception).
Texas requires that the agreement be entered into at least 14 days before the embryo transfer.
The agreement must include certain mandatory content: identities of intended parents, the surrogate, donors (if any), financial responsibilities, medical procedures, and surrender of parental rights by the surrogate (and her husband, if applicable).
The court’s validation ensures that the intended parents are treated as legal parents once the child is born (i.e. surrogate no longer has parental rights).

Licensing & FDA / Clinical Standards

Because Texas statutes focus on contract validation rather than regulating fertility clinics or agency licensing, the “Licensing & FDA” portion is more about best-practice compliance than explicit state mandates.
IVF clinics and embryology labs used in surrogacy typically operate under federal standards (FDA / HCT/P rules) for gamete, embryo, and tissue handling. Parties should prefer clinics and labs that maintain documented SOPs, chain-of-custody, record integrity, screening, and safety protocols.
Surrogacy programs should insist on labs with appropriate regulatory compliance (e.g. CLIA, tissue regulations) to reduce risk and enhance trust.
There is no specific Texas law requiring surrogacy agencies to be licensed in the same way as medical facilities or fertility clinics; rather the enforceability of the arrangement relies on contract and court validation.

Costs & Timelines in Texas

Although costs vary, a transparent budget should include:

Agency / Program Management — coordination, support, case oversight
Surrogate Compensation & Benefits — base pay, reimbursements (travel, maternity clothes, lost wages), wellness stipends
Clinical / IVF Costs — screening, embryo creation, transfer, medications, monitoring
Legal — drafting of agreement, independent counsel, court validation, post-birth orders if needed
Insurance — surrogate medical coverage, newborn policy, riders if required

Typical timeline: 12–18 months from intake to birth, depending on how quickly court validation, matching, and clinical prep proceed.

Step-by-Step The Texas Journey

Step 1

Consultation & Feasibility

Review your eligibility under Texas law, marital status, clinical possibilities, and legal counsel options.

Step 2

Draft & Review Agreement

Prepare the gestational agreement with full disclosure of rights, responsibilities, health information, and contingencies.

Step 3

Validation Filing

File for court validation before embryo transfer (at least 14 days prior).

Step 4

Clinical Onboarding

Embryo strategy, medical screening, lab qualifications, and donor health checks if needed.

Step 5

Surrogate Matching

Select a surrogate aligned with values and expectations.

Step 6

Treatment & Transfer

Begin protocols; embryo transfer only after agreement is validated.

Step 7

Pregnancy Support

Monitoring, psychological support, health updates, escrow-managed payments.

Step 8

Birth & Parental Rights

After delivery, the agreement validated by court ensures the intended parents are recognized legally; surrogate’s rights are relinquished.

Step 9

Documentation & Discharge

Obtain birth certificate listing intended parents; arrange newborn care and insurance.

Surrogate Screening & Support

Medical screening: OB/GYN history, uterine assessment, labs, fitness for ART
Psychological evaluation: mental health, readiness for third-party reproduction
Background & social assessment: home review, references, criminal checks
Wellness support: nutrition, stress, travel logistics, appointment management

Case Study

From Match to Baby in 15 Months

A single intended mother with embryos stored at an FDA-registered clinic. After compliance checks, she matched with a surrogate in 6 weeks. Contracts finalized within 30 days. First transfer was successful. A pre-birth order was granted in the second trimester. She left the hospital with her baby 48 hours after delivery—smoothly, thanks to parallel processing of legal, insurance, and medical steps.

Surrogacy in Texas