Giuliana Rancic is the E! News host who recently announced that she would be having a child through a surrogate, as reported by The Boston Globe.
Rancic’s surrogacy announcement is due to the fact that she has been going through breast cancer treatment and because previous attempts at pregnancy did not pan out.
Given that celebrities are often looked to as reflections of what average people might be thinking about in their own lives, it might be fruitful to take this moment to look at to Texas surrogacy law.
Many times people start thinking about surrogacy before they have had a full chance to recognize and understand how complicated it is. And then this ends up causing problems down the road because they are not prepared for the challenges.
Texas is one of the states that has taken steps to legally clarify gestational surrogacy.
The Texas surrogacy requirements are laid out in Tex. Fam. Code ยงยง 160.751-160.763. They are:
- A gestational agreement must be validated in court.
- The gestational mother may not use her own egg.
- The gestational mother must have one prior pregnancy and delivery.
- The gestational mother has control over her health-related decisions.
- The intended parents must be married and must undergo a home study (this means only heterosexual parents are OK because Texas does not allow same sex marriage).
- A 90 day residency requirement.
There may be more requirements that come up as part of the study or during the proceedings with a court.
Asking someone else to give birth to a child that one cannot carry to term herself can be an expensive and challenging, but ultimately fulfilling, experience. However, it is important to be well informed about the legal requirements. To learn more, talk to an experienced attorney in your area.
Related Resources:
- Find a Houston Family Law attorney (FindLaw)
- Surrogate Motherhood (FindLaw's LawBrain)
- Ask a Question about Family Law in Texas (FindLaw's Answers)
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